application of terms

1.1 By using the website and/or purchasing Products from us, you agree to these Terms.

1.2 Where you use the Website and/or purchase Products on behalf of another person (e.g. a company), you confirm that you are authorised to do so and agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.3 If you have any questions about these Terms email us hi@myfranki.com

1.4 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.

1.5 These Terms were created on 1st May 2022

communications

2.1 If we need to contact you, we may email you. You agree that this satisfies all legal requirements in relation to written communications.

2.2 If you need to contact us for issues, help or any queries email us at hi@myfranki.com

suitability and proper use of the product

3.1 Depending on your individual circumstances and requirements, if you are unsure the product is right for you, you may want to contact your GP first. We are not medical professionals and if you contact us with some recommendations, queries or issues we may ask you to contact you GP for further information.

3.2 You acknowledge that the Product is designed for internal use during menstruation. It is not to be used for postpartum bleeding. You are responsible for ensuring that any Product you purchase is suitable for you.

3.3 Before using any Products, you agree to read and follow the instruction manual provided. The instructions are available both with the Product and on the website. You agree to sterilise the Product before use and regularly clean the Product according to the manual.

orders

4.1 An order for a Product can be placed directly in the online store. Your order will be sent once your payment is received.

4.2 If you have a problem with ordering online or payment, items can be ordered by sending an email to hi@myfranki.com. Include a detailed order with correct size, colour and product details. Include delivery address and details. We will respond to you with an invoice including order number, delivery and product cost. Our bank account will also be included for payment.

4.3 We seek to manage our inventory as accurately as possible. Due to human error we may not have your item in stock. We will contact you to offer you a refund or offer you a pre order.

prices and payment

5.1 Prices are as displayed on the Website and payment must be made at the time of ordering.

5.2 We reserve the right to change the prices on our Website at any time. The price you pay is the one displayed on the website at the time of ordering.

5.3 All prices include GST.

5.4. We take care to make our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one ore more online payment service providers who will encrypt your card or bank account details in a secure environment.

5.5 If you choose to save your credit card details for future orders these details will be fully encrypted and only used to process any transactions which you have authorised.

delivery

6.1 We offer flat rate shipping to NZ and Australia. For Australian orders these can be purchased from our website or our Amazon partner. Rural deliveries will also incur a fee. We reserve the right to change our shipping prices due to fluctuating shipping rates.

6.2 Once we receive payment, the Product will be dispatched within 1-2 working days.

6.3 Deliveries within New Zealand are sent via courier (tracked with signature). You should receive an email with your tracking number once your order has been dispatched

6.4 Due to COVID-19 restrictions and increase in parcel volumes, our delivery partner may experience delivery delays that is out of our control.

returns and refunds

Upon receiving your order you are responsible for checking that the correct order was delivered to you and is free from defects. You have seven working days to get back to us on hi@myfranki.com with any issues.

7.1 If within seven working days you have contacted us at hi@myfranki.com about nonconformity or defect in the Product and we agree, we will work out return and replacement of the Product. If the Product fails to comply with any guarantee in the New Zealand Consumer Guarantees Act 1993, we will meet our obligations under that Act.

7.2 Due to hygiene reasons we do not offer exchanges. We describe our Products as accurately as possible on our website, however if you are unsure of which Product to buy, please contact us at hi@myfranki.com before purchasing so we can guide you in the right direction.

7.3 We do not offer refunds in situations where you have changed your mind after ordering or receiving the Product.

resale/wholesale

8.1 You agree not to resell or otherwise distribute any Products you purchase from us unless we have approved you as a trade purchaser. Please contact us for for wholesale enquires.

intellectual property

9.1 We own all proprietary and intellectual property rights in the Products and the Website (including all trade marks, designs, information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel).

9.2 Franki is a registered trade mark owned by Us.

the use of our website

10.1 You must provide true, current and complete information in your dealings with us (including when setting up an account) and must promptly update that information when necessary so that the information remains true, current and complete.

10.2 If you are given a username and/or password to set up an account or access certain parts of the Website, you must keep your username and/or password secure and not disclose it to any other person. You must immediately notify us if you become aware of any disclosure or unauthorised use of your username and/or password, by sending an email to hi@myfranki.com

10.3 You must not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any network, system, software, data or material that underlies or is connected to the Website, or otherwise attempt to damage or interfere with the Website or any underlying system.

10.4 You must, unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

10.5 You must obtain our written permission to establish a link to our Website. Contact us on hi@myfranki.com

10.6 We may suspend, disable or remove any or all parts of our Website at any time, without notice or liability.

10.7 If you wish to terminate your account, you may do so at any time.

liability

11.1 To the maximum extent permitted by law, you purchase and/or use the Product and/or the Website at your own risk and we are not liable for responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your use of (or inability to use) the Product and/or the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

11.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other legal provision that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the price you have paid us for the Product.

indemnity

12.1 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your details.

privacy

13.1 If you order a Product from us we may collect personal information from you. We may also collect personal information from you if you contact us by phone or email, or through our Website. We will keep your personal information protected and will comply with the New Zealand Privacy Act 2020.

13.2 The ONLY personal information we collect may include your name, email address, delivery address, phone number, your IP address, and your feedback on our Products and Website. No credit card data is stored with us.

13.3 We may use your personal information to deliver your Product to you, to communicate with you, to market products and services to you, to carry out credit checks (if necessary), to enable you to set up an account on our website to make it easier to order Products in future, or for any other purpose authorised by you or under the Privacy Act 2020 or equivalent legislation.

13.4 We may also collect technical information whenever you log on to, or visit the public version of, our Website. This may include information about the way users arrive at, browse through and interact with our Website. We may collect this type of technical information through the use of cookies and other means. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on the Website. We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs. We may also use this information to assist in making any advertising we display on the Website more personalised and applicable to your interests.

13.5 Your personal information may be shared with: Postal courier, Stripe payment gateway and marketing providers.

general

14.1 Disputes: These Terms and any dispute relating to these Terms or our Website are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or our Website.

14.2 Waiver: For us to waive a right under these Terms, the waiver must be in writing.

14.3 Continuing Terms: Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 9, 11, 12, continue in force.