Terms of service

This website is operated by Franklin Direct. Throughout the site, the terms "we", "us" and "our" refer to Franklin Direct. We offer this website, including all information, tools and services available from it, to you, the user, on the condition that you accept all terms, conditions, policies and notices stated here.

By visiting our site or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms"), including any additional terms, conditions and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants and contributors of content.

Please read these Terms carefully before accessing or using our website. If you do not agree to these Terms, please do not access the website or use our Services.

Any new features or tools added to the website are also subject to these Terms. You can review the current version of these Terms at any time on this page.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and Services to you.

Your Rights Under Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the ACL or any other law that cannot lawfully be excluded or limited.

Where these Terms appear to exclude or limit such rights, they apply only to the extent permitted by law.

1. Online Store Terms

By agreeing to these Terms, you confirm that you are at least 18 years of age, or that you are using this site with the involvement and consent of a parent or guardian.

If you are ordering on behalf of a business, you confirm that you are authorised to accept these Terms on its behalf.

You must not:

  • use our products for any illegal or unauthorised purpose
  • breach any laws in your jurisdiction (including copyright and trade mark laws) when using the Service
  • transmit any worms, viruses or code of a destructive nature

If you materially breach these Terms, we may suspend or terminate your access to the Service.

2. General Conditions

We may decline to provide the Service to anyone, acting reasonably and in accordance with the law.

Your content (not including payment card information) may be transferred unencrypted and may involve (a) transmission over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service without our written permission.

The headings in these Terms are for convenience only and do not affect their meaning.

3. Accuracy and Timeliness of Information

We take care to keep the information on this site accurate and up to date. However, the material on this site is provided for general information only and should not be relied on as the sole basis for making decisions.

This site may contain historical information, which is provided for reference only. We may update the contents of this site at any time but are not obliged to do so.

4. Changes to the Service and Prices

Prices for our products may change without notice. Any price change will not affect an order we have already accepted.

We may modify or discontinue the Service (or any part of it) at any time.

5. Products and Services

Some products or services may be available only online through the website. These may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy and your rights under the ACL.

Colour and print accuracy. We make every effort to display the colours and images of our products as accurately as possible. Because screens and printing processes vary, we cannot guarantee that the colours you see on screen will exactly match the printed result. For colour-critical work, please request a printed proof before production.

Custom and made-to-order products. Many of our products are printed to your specifications. Once you approve a proof, we produce the job as approved. Please check all text, images and details carefully before approving.

We may limit the sale of our products or services to any person, region or jurisdiction, and may limit quantities. Product descriptions and pricing may change without notice. We may discontinue any product at any time. Any offer made on this site is void where prohibited.

6. Billing and Account Information

We may refuse or cancel any order. We may also limit or cancel quantities purchased per person, per business or per order, including orders placed under the same customer account, payment card, or billing or delivery address. If we change or cancel an order, we will attempt to notify you using the email, phone number or address provided with the order, and will refund any amount paid for the cancelled part of the order.

You agree to provide current, complete and accurate purchase and account information for all orders, and to promptly update your account details (including your email address and payment details) so we can complete your orders and contact you as needed.

If you hold an FD4Business Portal account, you are responsible for keeping your login details secure and for all activity under your account. Please notify us promptly if you suspect unauthorised access.

For more detail, please see our Refund Policy.

7. Optional Tools

We may provide access to third-party tools that we do not monitor or control. These tools are provided "as is" and "as available", to the extent permitted by law. Your use of them is at your own discretion, and you should review the terms on which they are provided by the relevant third party.

Any new features or services we offer through the website in future are also subject to these Terms.

Some content, products and services available through our Service may include material from third parties.

Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for the content or accuracy of third-party websites or their products and services. Please review a third party's policies before engaging in any transaction with them. Complaints or questions about third-party products should be directed to the third party.

9. Comments, Feedback and Other Submissions

If you send us ideas, suggestions, proposals or other materials ("comments"), whether at our request or not, you agree that we may use them in any medium without restriction or compensation. We are not obliged to keep comments confidential or to respond to them.

This section does not apply to artwork, files or designs you supply for printing. Those remain your property and are used only to fulfil your order.

We may, but are not obliged to, monitor, edit or remove content we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that infringes anyone's intellectual property.

You agree that your comments and any material you supply will not infringe the rights of any third party, including copyright, trade mark, privacy or other personal or proprietary rights, and will not contain unlawful, abusive or obscene material or malicious code. You must not use a false email address or pretend to be someone else. You are responsible for the comments and material you submit.

10. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

11. Errors, Inaccuracies and Omissions

Occasionally, information on our site may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We may correct these at any time without prior notice. If an error affects an order you have already placed, we will contact you before proceeding and, if you choose to cancel, refund any amount paid.

We are not obliged to update or clarify information on the site, except as required by law.

12. Prohibited Uses

In addition to the other restrictions in these Terms, you must not use the site or its content:

  • for any unlawful purpose, or to encourage others to act unlawfully
  • to breach any international, Commonwealth, state or territory law or regulation
  • to infringe our intellectual property rights or those of others
  • to harass, abuse, insult, harm, defame, intimidate or discriminate against anyone
  • to submit false or misleading information
  • to upload or transmit viruses or other malicious code
  • to collect or track the personal information of others
  • to spam, phish, pharm, pretext, spider, crawl or scrape
  • for any obscene or immoral purpose
  • to interfere with or circumvent the security features of the Service or any related website

We may terminate your use of the Service for breaching any of these prohibited uses.

13. Disclaimer of Warranties and Limitation of Liability

This section is subject to the "Your Rights Under Australian Consumer Law" section above.

To the extent permitted by law, we do not guarantee that your use of the Service will be uninterrupted, timely, secure or error-free, or that results obtained from the Service will be accurate or reliable. We may suspend the Service from time to time, for example for maintenance.

To the extent permitted by law, and except as expressly stated by us, the Service is provided "as is" and "as available", without any other express or implied warranties or conditions.

Where our liability for failing to comply with a consumer guarantee can lawfully be limited, our liability is limited (at our option) to:

  • for goods: replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of doing any of these
  • for services: supplying the services again, or paying the cost of having them supplied again

To the extent permitted by law, Franklin Direct and our directors, employees, agents, contractors and suppliers are not liable for any indirect or consequential loss (including loss of profits, revenue, savings or data) arising from your use of the Service or any product purchased through it.

14. Indemnity

You agree to indemnify Franklin Direct and our officers, employees, agents and contractors against any third-party claim or demand, including reasonable legal costs, arising from your breach of these Terms, your breach of any law or the rights of a third party, or material you supply to us (for example, artwork that infringes someone else's copyright or trade mark), except to the extent the claim is caused by our own act or omission.

15. Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, it will be enforced to the fullest extent permitted by law and the remainder will be severed. This does not affect the validity of the remaining provisions.

16. Termination

Obligations and liabilities incurred before termination survive termination of these Terms.

These Terms remain in effect until terminated by you or us. You may terminate them at any time by telling us you no longer wish to use our Services, or by ceasing to use our site.

If you materially breach these Terms, we may terminate them and deny you access to the Service (or any part of it). You will remain liable for any amounts due up to the date of termination.

17. Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not waive that right or provision.

These Terms, together with any policies or operating rules we post on this site, form the entire agreement between you and us regarding your use of the Service, and replace any prior agreements or communications (including earlier versions of these Terms). Any separate written agreement, accepted quote or approved proof for a specific job also forms part of our agreement for that job.

18. Governing Law

These Terms, and any separate agreements under which we provide Services, are governed by the laws of [Tasmania], Australia. You and we submit to the non-exclusive jurisdiction of the courts of that state.

19. Changes to These Terms

You can review the current version of these Terms at any time on this page.

We may update or replace any part of these Terms by posting changes on our website. Changes apply to orders placed after the updated Terms are posted. Your continued use of the website after changes are posted means you accept them.

20. Contact Information

Questions about these Terms can be sent to us at art@franklindirect.com.au.