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Our Terms & Conditions

1. General

(a) These terms and conditions ("Terms") outline the terms by which you are permitted to use the website www.frankiedean.com.au (“Website”). Access to and use of the website, its contents, the products and services available via the Website, as well as the associated products and/or services is subject to these Terms.

(b) Accessing the Website or using the products or services available via the Website indicates and confirms that you have read, understood and agree to be bound by the Terms.

(c) Frankie Dean Pty Ltd (also referred to as "Frankie Dean", "we" or "our" or "us") reserves the right to review and change any of the Terms, without notice, by updating the Terms at our absolute discretion. Any such changes take immediate effect from the date of their publication on this page. Therefore, it is recommended that you regularly check this page for any such changes.

(d) This Website is designed for and intended for use by adults. Persons under 18 years of age may only use this Website with parent or guardian supervision. 

2. Access to the Website

(a) We shall use reasonable endeavours to provide continuing availability to this Website, but you expressly acknowledge and accept that we reserve the right to, at any time and at our absolute discretion without prior notice to you:

  • (i) temporarily suspend the operations of, or restrict access to, the Website or part thereof for updating, maintenance or upgrading purposes or any other purpose whatsoever that we deem appropriate; or
  • (ii) withdraw or vary any of the content on the Website.

(b) We make no warranty that the services available via the Website will be uninterrupted, timely, secure, or error-free. You expressly acknowledge and accept that Frankie Dean will not be held liable for any loss, liability or damage arising from the unavailability of the Website at any time or for any period or for any service interruptions.

3. Frame Orders, Shipping and Price - Non Home Try On Orders

(a) You may order frames via the online order form available on the Website. Where your order contains prescription lenses, you may submit the order by:

  • (i) entering the details of your prescription for glasses via the Website order form; or
  • (ii) scanning and uploading a copy of your prescription for glasses via the Website order form;
  • (iii) emailing or faxing a copy of your prescription for glasses to us; or
  • (iv) requesting, via the Website order form, that we contact your optometrist/doctor to obtain the details of your prescription for glasses.

NOTE: You are responsible for accurately entering your prescriptions. We will not be held liable and you will not be entitled to an exchange or refund if we have produced frames in accordance with the inaccurate prescription information provided/input by you. If you require new frames due to your erroneous input of your prescription, you will be required to submit a brand new order.

(b) Product prices are as specified on the Website and payment for orders must be made in full at the time of submitting the order. Orders will not be processed until such time as payment is received by us in full.

(c) Orders will be processed within approximately 48 hours for frames only, or within approximately 7 days if the order contains prescription lenses.

(d) Once orders are processed, they will be delivered:

  • (i) overnight via the Australia Post Express Post network; or
  • (ii) within up to 7 days if your delivery address falls outside the Australia Post Express Post network.

Please note we do not deliver any of our products outside of Australia.

(e) Title and risk to the frames you order vests in you once you receive them.

4. Home Try On Service

(a) You may order up to 5 Frankie Dean frames via the online home try on cart available on the Website to try on at home for a period of 5 days. Subject to clauses 4(h) and 4(i) below, the home try on services is free of charge for the first home try on (charges will apply for shipping thereafter) but subject to a fully refundable $2.00 fee required to verify your credit card details at checkout. The $2.00 fee will be refunded on return of all the home try on frames as outlined below.

(b) Orders take approximately 48 hours to process. Once the order is processed, the frames you have selected to try on at home will be delivered to you within approximately 7 days (depending on the location of your delivery address), together with a return pre-paid shipping satchel, at no cost to you. 

Please note that we only deliver via eParcel by Australia Post do not deliver any of our products outside of Australia or any parts of Australia which are not part of the eParcel Australia Post network

(c) Upon receipt of the home try on frames, you have 5 days to trial them. If you require additional time to trial the home try on frames, please contact us at least 24 hours prior to the expiry of the 5 day trial period and we may extend the trial period, subject to operational requirements.

(d) After the expiry of the 5 day trial period, you are required to return all of the home try on frames to us in the pre-paid shipping satchel provided to you.

(e) You may then order the frames you wish to purchase using the online order form available on the Website in accordance with clause 3 above.

(f) You expressly acknowledge and agree that the home try on frames are a separate line of stock we hold in order to be able to provide the home try on service and that accordingly, the home try on frames sent to you for the purpose of trialling them for 5 days may not be brand new. You acknowledge and agree that you will not make any claims or lodge any objections in this regard.

(g) You expressly acknowledge and accept that all home try on frames come with standard non-prescription clear lenses. Once you have decided which frame you prefer, you may order that frame with your prescription lenses via the online order form available on the Website in accordance with clause 3 above.

(h) Subject to clause 4(c) above, you acknowledge and accept that the following applies in respect of the return of the home try on service:

  • (i) The home try on frames are expected to be returned to us by the 15th day after you received the home try on frames;
  • (ii) If we have not received the home try on frames by the 15th day in accordance with clause 4(h)(i) above, then on the 16th day we will send an reminder email requesting that the home try on frames be returned;
  • (iii) If we do not receive the home try on frames by the 22nd day, then we will send you an email advising that your credit card will be charged the sum of $89 the next day if we do not receive the frames within 24 hours.
  • (iv) If we do not receive the home try on frames by the 23rd day, we will charge you credit card the sum of $89 (equivalent to the retail cost of 1 pair of the home try on frames).
  • (v) If we do not receive the home try on frames by the 29th day, we will send you an email advising that your credit card will be charged for the cost of the remaining 4 frames, being the sum of $360 if we do not receive the frames within 24 hours.
  • (vi) If we do not receive the home try on frames by the 30th day, your credit card will be charged the sum of $360 (equivalent to the retail cost of 4 pairs of the home try on frames).

(i) In the event that you return the home try on frames and any of them are damaged, your credit card will be charged the sum of $89 (equivalent to the retail cost of 1 pair of home try on frames) for each pair of damaged frames.

(j) In the event that we charge your credit card in error, you expressly acknowledge and accept that you are not permitted to make any claims for any form of compensation whatsoever other than a request for one of the following forms of compensation (being the only forms of compensation available to you):

  • A credit equal to erroneous charge to be applied towards your future purchase of frames from us; or
  • A full refund after receipt of the products.

5. Refunds and Exchanges

(a) You may request an exchange of any Frankie Dean frame/s you purchased within 30 days of receiving the frames. Subject to availability of stock, we will supply you with the new style or colour of frame/s you have chosen immediately after we receive the unwanted frame/s back from you. You may be required to provide additional information in respect of the request for an exchange and if this is required, one of our representatives will let you know.

(b) You may request a refund of any Frankie Dean frame/s you purchased within 30 days of receiving the frames. If the refund is granted, your money will be refunded to your credit card within approximately 1 week after we have received the frame/s back from you.

6. Product Warranty

(a) We provide a 1 year manufacturer's warranty on all Frankie Dean frames. 

(b) To make a claim on the manufacturer's warranty, you are required to send us a photograph of your frame to us to enable us to asses the fault. If we deem, in our absolute discretion that the defect is a manufacturing defect, we will require the faulty frame to be returned to us and upon receipt of the faulty frame, we will send you a new frame in the same style and with the same prescription lenses (if applicable) as a replacement at no cost to you.

7. Damage to Lenses

(a) The manufacturer's warranty only covers the frames. It does not cover the lenses. 

(b) If you notice any marks or scratches on your lenses when you first receive them, please notify us immediately and we will replace them at no cost to you. However if you do not notify us immediately, any costs associated with replacing the lenses will be borne by you.

(c) If you scratch or damage your lenses after you initially receive them, we area able to replace them at your cost. New lens prices start at $50 a pair. Please note you will be required to send us your frames so that we can fit them with your newly selected lenses. Once fitted, we will send them back to you with all postage charges covered by us.

8. Intellectual Property

(a) Frankie Dean and/or its related entities are the sole proprietors of all intellectual property embodied in or connected with the Website and the products and services available via the Website (this includes but is not limited to, inter alia, all copyright, trademarks, designs, whether registered or not) ("Intellectual Property”).

(b) All content and material contained on the Website and the products and services available via the Website are subject to and protected by copyright under the laws of Australia.

(c) We, or our related entities, retain all rights, title and interest in and to the Website (including all text, graphics, logos, button icons, video images, audio clips and software) and all related content. Nothing you do on or in relation to the Website will transfer any Intellectual Property rights to you.

(d) You may store, print and display the content supplied by or accessible from the Website and/or the products and services available via the Website for your personal use only. You are not permitted to use any such content for or in connection with any business or commercial enterprise.

(e) You must not broadcast, publish or republish, up-load to a third party, transmit, post, show or play in public, distribute or otherwise reproduce in any format, adapt or change, alter, reverse engineer, modify, translate, decompile, disassemble or create derivative works of the Intellectual Property and/or the content supplied by or accessible from the Website and/or the products and services available via the Website without our prior written consent.

(f) You acknowledge and accept that this provision has permanent effect.

9. Content uploaded to our Website by You

(a) We may, from time to time at our absolute discretion, make available on our Website chat rooms, comment areas, forums, news groups and other communications facilities. We welcome your comments and posts on such facilities, however please note that you are not permitted to post any comments which may harass, slander, smear, libel, defame, threaten, or otherwise violate any of our rights or any third-party rights and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

(b) You acknowledge and accept that any comments or other material posted by you on any communications facilities available on our Website:

  • (i) automatically become our sole and exclusive property  and we are entitled to use any such comments or posts as we see fit, including in any and all media and for marketing and/or promotional and advertising purposes and/or for developing our products and services or introducing new products and/or services. Moreover, we automatically acquire any intellectual property rights associated with such comments and posts.
  • (ii) are public communications and may be read by anyone who accesses the communications facilities and we do not accept liability in respect of any adverse consequences resulting from such communications.

(c) By submitting to our Website any comments or other posts of any kind, you represent and warrant to us that you hold all necessary right, title and license to such materials and that your submission of such materials to us does

10. Disclaimer

All content contained on this Website is provided without any warranties, conditions and representations. To the fullest extent permitted by law, any warranties, conditions and representations, whether express or implied, are excluded in respect of the Website's content (including inter alia, any warranties of fitness for purpose and merchantability or completeness or accuracy of the content) unless specifically stated otherwise in these Terms.

11. Limitation of Liability & Indemnity

(a) To the fullest extent permitted by law, you expressly acknowledge and agree that we, our related entities and affiliates, employees, agents, contractors, contributors, third party content providers and licensors are not liable to you for any loss, direct, indirect, special, consequential, exemplary, general or similar damages arising from or in connection with:

  • (i) your accessing or use of the Website, your use or reliance on the content supplied by or accessible from the Website and/or your use of the products or services accessible from or purchased via the Website, any negligence by us (including errors or omissions in the content contained in the Website, any consequences arising from posts you upload to any of the communications facilities available on our Website), or for any claim made against you by any other party;
  • (ii) any interruption or termination of transmission to and from our Website;
  • (iii) any viruses or the like that may be transmitted to or through the Website by any third party
  • (iv) you providing any personal and/or financial information (including but not limited to, your name, address, email address and credit card details). This includes, but is not limited to, loss or damage suffered as a result of spam mail, theft or used for an unauthorised purpose.

(b) Subject to the Australian Consumer Law ("ACL") contained within the Competition and Consumer Act 2010 (Cth) as amended from time to time, Frankie Dean's total liability for breach of a condition or warranty implied by the ACL or for any loss, damage or reliance shall be limited to:

  • (i) In the case of goods, either replacement of goods, repair of goods, or a refund of the price paid for the goods (as determined by Frankie Dean);
  • (ii) In the case of services, either supply of the services again or a refund of the price paid for the services (as determined by Frankie Dean).

(c) All warranties, conditions and representations, whether express or implied (other than express warranties stated by us in writing), are excluded except where we are by law unable to exclude or limit liability. To the fullest extent permitted by law, we are not liable to you for loss of profit or other economic loss, indirect, special, consequential, general or similar damages arising under any order, or for negligence by Frankie Dean, or for any claim made against you by any other party even if we have been advised of the possibility of such claim.

(d) You expressly agree to:

  • (i) indemnify, keep indemnified and hold harmless Frankie Dean, its related entities and affiliates, its directors, officers, employees, agents, contractors, contributors, third party content providers and licensors, from and against all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses on a full indemnity basis) or liabilities whatsoever suffered and howsoever incurred by: you as a direct or indirect consequence of your accessing or using the Website or your use of or reliance on the content available or accessible from the Website or the Service;
  • (ii) indemnify Frankie Dean, its related entities and affiliates, its directors, officers, employees, agents, contractors, contributors, third party content providers and licensors in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered or incurred by Frankie Dean, its affiliates, employees, agents, contractors, contributors, third party content providers and licensors (including, but not limited to, economic loss and all legal costs and disbursements on a full indemnity basis) which is caused by you and/or any willful, illegal or negligent act or omission by you.

(e) You expressly acknowledge and accept that any time frames for delivery of frames specified in these Terms are estimates only and we will not be held liable for exceeding those estimated time frames if we have reasonable reasons for doing so (for example if the delay was not caused by us).

12. Liability for Third-Party Content

Our Website may contain links to third party websites. You expressly acknowledge and agree that we act only as a conduit for access to those websites and we can not and do not make any claims or representations in respect of or relating to the content of those websites. To the maximum extent permitted by law, we are not liable for any loss or damage incurred or suffered by you as a result of or connected with your reliance on or use of third party websites accessible from the Website.

13. Breach

If you breach any clause of these Terms or part thereof, we are entitled to exercise our rights to the full extent of the laws of the State of Victoria, Australia, and to obtain the relief and remedies available to us at law or in equity.

We may suspend access to the Website if there is a security breach or if there is a malfunction in the services to preserve data. Furthermore, we may disconnect a site user without notice if there is no use of the server system by that party for a specified period (presently 20 minutes).

We reserve the right to suspend, without prior notice, all or any part of the Website, in our absolute discretion, if we consider that a user has not complied with one or more of these Terms or has otherwise misused or abused the services available via the Website.

14. Whole Agreement

These Terms constitute the entire agreement between the parties and there are no other representations, promises, warranties, covenants or undertakings between the parties that apply to the subject matter of these Terms.

15. Changes to the Terms

We reserve the right to amended and/or update these Terms from time to time at our absolute discretion. Any such amendments or updates will be posted on this web page. Therefore, it is recommended that you regularly check this page for any such updates. You can determine whether this page has been updated or amended by checking the "date last updated" noted at the bottom of this page.

By continuing to use the Website and the products and services accessible or available from the Website, you agree to accept any changes to these Terms.

16. Waiver

(a) A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.

(b) The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

(c) The waiver of a clause or clauses in these Terms or a party’s consent to a departure from a clause by another party will be ineffective unless in writing and executed by all relevant parties. (Execution on our behalf must is only effective if executed by one of our directors).

(d) A waiver of a breach or default of any clause in these Terms shall not be construed as a waiver of any succeeding breach of the same or any other clause, nor shall delay or omission to exercise or avail oneself of any right from the power or privilege available under these Terms operate as a waiver to any breach or default of these Terms.

17. General

(a) Headings in these Terms are for convenience only and do not affect the construction of these Terms. Words in the singular also include the plural and vice versa.

(b) In the event that a provision of these Terms is held to be invalid or unenforceable, that provision will be read down and the remaining provisions of these Terms will remain in full force and effect.

(c) These Terms are governed by the laws in force in the State of Victoria and both parties hereby submit to the exclusive jurisdiction of the Courts of that State and to Courts that can hear appeals from the Victorian Courts.

18. Privacy Policy

(a) It is safe, secure and private to shop via our Website. You can read our privacy policy here.