These Terms and Conditions (hereinafter, referred to as the “Terms”) for the website https://www.froothie.com.au/ (hereinafter, referred to as the “Website”) constitute a legal agreement between the user (“you”, “your”, “user”) of the Website and and Athena Solutions Pty Ltd (Froothie Australia) having a principal place of business at Unit 1/ 24 London Drive,
Bayswater VIC 3153, Australia (hereinafter, referred to as “Froothie”). By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Website. Froothie grants you the right to use the Website only in the case that you agree to the Terms.
1.1 The Website is an e-commerce platform that allows you to purchase electric kitchen appliances and food products.
1.2 In order to use the full functionality of the Website, you need to register an account on the Website (hereinafter, referred to as the “Account”).
1.3 Technical steps to conclude a sale contract. If you would like to purchase one of our products through the Website, you need to add the selected product in your online Cart. This can be done by (1) visiting the webpage of the selected product and (2) clicking on the “Add to Cart” button. After you add the products which you would like to purchase to the Cart, you need to click on the “View Cart” section and press the “Proceed to Checkout” button. Next, you will need to login into your Account and perform the following operations: (1) add your billing address; (2) add your shipping address; (3) select a shipping option; and (4) select a payment option. Afterwards, you will need to click on the button “Submit my order” and pay the price of the product by using the payment option selected by you. When you click on the button “Submit my order”, we will send you a confirmatory email informing you about your order. By clicking on the button “Submit my order” and receiving a confirmatory email, you conclude a sale contract in Polish language between you and Froothie on the basis of these Terms. After receiving your payment, we will deliver the product(s) ordered by you.
1.4 The details of your specific contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your order please contact us by using the contact details mentioned in Section 22.
1.5 Correcting input errors. You will be able to identify and correct any input errors prior to clicking on the “Submit my order” button. If you have made any input error in your Cart, please click on the “View Cart” section and correct your error. If you would like to change the user of the Website or correct any input errors in the billing address, the shipping address, shipping options, and the billing option, please (1) go to the checkout page on the Website and (2) click on “change” in the section in which you would like to make changes. The checkout page of the Website is available by clicking on the “Proceed to Checkout” button mentioned above.
2.1 All prices indicated on the Website are GST-inclusive, but exclude the delivery costs. The delivery costs will be displayed before the order is confirmed and added to the cost of the order.
2.2 The prices remain valid as long as they are indicated on the Website.
2.3 No additional charges will be applied without your express agreement.
2.4 The prices are in euros or automatically exchanged to the currency of the visitor’s country
3.1 The costs for the delivery of Froothie’s product(s) to you are indicated in the checkout page of the Website. If you would like to know more about our delivery practices, please contact us at email@example.com
4.1 If the products ordered by you are not available, you can request us to provide you with substitute products of equivalent quality and price. We will put reasonable efforts to comply with your request. Please note that the cost of returning any such substitute goods to Froothie in the event of cancellation by the consumer would be met by Froothie.
5.1 You can make payments on the Website by (1) PayPal (www.paypal.com) or (2) a bank transfer o (3) Credit Card and (4) other payment methods such as Apple Pay
5.3 It is your responsibility to verify that all transaction information and other details are correct. Froothie shall have no liability for transactions which are incorrect as a result of factors beyond Froothie’s control.
5.4 Froothie accepts no responsibility for refusal or reversal of payments, which shall be a matter between you and the provider of payment services.
6.1 Right of withdrawal. If you are a consumer (i.e. a natural person who is acting for purposes which are outside his trade, business, craft or profession), you have the right to withdraw from the sale contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the product purchased by you. To exercise the right of withdrawal, you must inform Froothie of your decision to withdraw from the sale contract by an unequivocal statement (e.g., a letter sent by post or e-mail). You can use the following contact details to exercise your rights of withdrawal:
Athena Solutions Pty Ltd (Froothie Australia) having a principal place of business at Unit 1/ 24 London Drive, Bayswater VIC 3153, Australia
You may use the model withdrawal form in Section 6.6, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6.2 Effects of withdrawal. If you withdraw from the sale contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
6.3 Return of the goods in case of withdrawal. You shall send back the products or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the sale contract to us. The deadline is met if you send back the products before the period of 14 days has expired. You will have to bear the direct cost of returning the products.
6.4 Reimbursement. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the goods, whichever is the earliest.
6.5 Liability for diminishing value. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
6.6. Model withdrawal form.
Athena Solutions Pty Ltd (Froothie Australia) having a principal place of business at Unit 1/ 24 London Drive, Bayswater VIC 3153, Australia
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
7.1 Froothie’s products purchased by consumers may be covered by a statutory warranty, an extended warranty, and a 30-Day Money Back Guarantee. If you would like to know more about the warranties and guarantees offered by Froothie, please contact us at firstname.lastname@example.org.
8.1 The Website contains intellectual property materials that are owned by Froothie (hereinafter, referred to as “Froothie’s Content”). Such materials include, but are not limited to, text, images, and source code. Froothie’s Content is intellectual property of Froothie. Froothie’s Content is protected by the intellectual property law of the Republic of Poland and the applicable international intellectual property laws.
9.1 The Website offers users the opportunity to make customer reviews and other materials (hereinafter, collectively referred to as “User-Generated Content”) publicly available.
9.2 Froothie wants all visitors to the Website to have a friendly, interesting, and safe, experience. That is why all users of the Website and any contributions they make to the Website must comply with the following
Code of Conduct.
Code of Conduct
You agree not to submit any User-Generated Content or other material that:
Froothie reserves the right (but not the obligation) to edit, refuse to post, or to remove any User-Generated Content in whole or in part that Froothie deems to be in breach of the Code of Conduct.
9.3 You further agree that any User-Generated Content submitted by you does not contain any confidential, proprietary or trade secret information. Froothie shall have no obligation to store, keep copies of or return any User-Generated Content. Froothie further reserves the right, in its sole discretion, to modify, delete or remove any User-Generated Content from the Website that it deems to be in violation of the foregoing requirements.
9.4 You will be solely responsible and liable for, and will indemnify Froothie and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages arising from your User-Generated Content.
9.5 By publishing User-Generated Content on the Website, you agree that such User-Generated Content may be made publicly available. By publishing User-Generated Content on the Website, you grant to Froothie unrestricted, royalty-free, perpetual, and irrevocable rights to:
- to archive, cache, crawl, host, index, modify, and store your User-Generated Content to appropriate media formats, standards or mediums as part of the services provided by Froothie;
- adapt, distribute, excerpt, modify, remix, reproduce, use, prepare derivative works of, publicly perform, and publicly display your User-Generated Content on the Website;
- use your User Generated Content for advertising, promotional or commercial purposes, including, but not limited to, the right to publicly display, distribute, perform, and reproduce your User-Generated Content in any media format or medium and through any existing or future media channels;
9.6 By publishing User-Generated Content on your profile on the Website, you agree that such User-Generated Content may, at Froothie’s sole discretion, be posted on the main page of the Website.
10.1 If you would like to send a support query to us, please visit https://athenasolutions.zendesk.com/hc/en-us/requests/new.
11.1 Subject to the provisions in the Terms, Froothie grants you a personal, nonexclusive, nontransferable, non-sublicenseable, limited license to use the Website.
12.1 Unless explicitly allowed in the Terms, you may not: (i) copy the User-Generated Content and Froothie’s Content; (ii) distribute the User-Generated Content and Froothie’s Content; (iii) adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the User-Generated Content and Froothie’s Content; (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the User-Generated Content and Froothie’s Content to third parties.
13.1 All Froothie’s Content featured or displayed in or through the Website and all trademarks, service marks and trade names of Froothie included therein, are intellectual property of Froothie, its licensors, vendors, agents and/or other content providers.
13.2 All User-Generated Content is owned by their respective owners and Froothie is not responsible in any manner for that content.
14.1 You represent and warrant that: (i) you have the authority to bind yourself to these Terms; (ii) you will use the Website only for purposes that are permitted by these Terms; (iii) your use of the Website will comply with all applicable laws; (iv) you are at least 13 years of age.
16.1 You can subscribe for our newsletter by ticking the box “Froothie newsletter” when submitting your order on the Website.
16.2 If you would like to unsubscribe from our newsletter, please use the unsubscribe link which is included in any newsletter submitted by Froothie to you.
17.1 Froothie will use reasonable efforts to make the Website available at all times. However, you acknowledge that the Website is provided over the Internet and so the quality and availability of the Website may be affected by factors outside our reasonable control.
17.2 Froothie does not accept any responsibility for unavailability of the Website due to bandwidth problems, equipment failure, or acts of God.
18.1 The Website may contain links to other websites. Froothie is not responsible for the content of those websites.
19.1 Nothing in these Terms shall limit or exclude our liability for: (i) for fraud; (ii) for death or personal injury caused by our negligence; (iii) for any breach of the obligations implied by applicable national laws; or (iv) any liability which cannot be excluded by law.
19.2 Subject to Section 19.1 of these Terms, Froothie will not be liable for any loss of profits, loss of income, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind whatsoever arising and whether caused by tort (including negligence), breach of the Terms or otherwise. Froothie maximum aggregate liability under the Terms whether in tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the customer to Froothie in relation to the product(s) in question.
20.1 The Terms shall be governed by the laws of the Republic of Poland. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Warsaw, the Republic of Poland for all disputes arising out of or relating to these Terms.
20.2 If you are a consumer, Section 20.1 does not affect your statutory rights or prevent you from submitting a dispute under the law of, and in the country where you are resident.
21.1 Without prejudice to Section 21.2, Froothie reserves the right to modify or amend these Terms from time to time by sending you an email or a message in the Website. If you continue using the Website following the receipt of such an email or a message, you declare that you accept those changes.
21.2 The version of the Terms effective at the time of placing your order will apply to the sale contract concluded between you and Froothie.
22.1 If you would like to contact us, please visit https://athenasolutions.zendesk.com/hc/en-us/requests/new or use the following contact details:
22.2 If you would like to return a product to Froothie, please contact email@example.com
23.1 These Terms have been last amended on 4th of October 2016.