Terms & Conditions

This page contains the following documentation:

Terms & Conditions

Shipping & Returns

Privacy Policy 

Terms & Conditions

Read the terms and conditions before using the mollyandfrank.com website. By using the mollyandfrank.com website, you are deemed to have read the terms and conditions and be bound by them.

Molly & Frank Swimwear trades under the registered ABN 20 081 711 327

Our Guarantee 

Molly & Frank Swimwear strives on providing excellent customer service to all its customers, and we are determined to ensure you are happy and satisfied with your order. If you have any concerns or questions regarding your order please email info@mollyandfrank.com and we will do our best to rectify the situation for you as soon as possible.

Privacy

Please review our privacy policy which govern this website in order to understand how these are applied.

Conduct

This website has been developed for use by customers and intended customers. You agree not to use the website in any way that causes or is intended to cause access or the website to be damaged, interrupted, or impaired in anyway including but not limited to:

Causing annoyance or nuisance inconvenience or mischief

Fraudulent purposes or in connection with unlawful or criminal activity

Breach of copyright, trademarks, confidence, privacy or any other right

Copyright 2017 Molly & Frank Swimwear

Contract

When you place an order to purchase a product from Molly & Frank Swimwear, we will send you an email confirming receipt and details of your order. Our acceptance of this offer to purchase will be at the time we dispatch that product to you and a confirming email in this regard is sent. The acceptance will be complete at this time. It is agreed at the time you place an order it is your intention to enter into a contract with Molly & Frank Swimwear.

Pricing & availability 

Prices are shown in AUD and will be charged in AUD, even if a currency converter tool is applied to show the conversion rate in an alternate currency.

 Molly & Frank Swimwear list products for sale on its website as indicated. Whilst we use our best endeavours to fulfil such orders, we cannot be held responsible if the products are not available at a given point in time. It is further noted that dispatch times indicated below are a guide and are not guaranteed dispatch times and should not be relied upon as such.

Not all items listed online are available in stores that stock Molly & Frank Swimwear.

Colours

Please note that colours of products will sometimes vary depending on the quality and make of the computer monitors they are being viewed on.

Consent

mollyandfrank.com assumes all sales are made to persons over the age of 18. If you are under 18, you need to have the involvement of a parent or guardian.

Payment

Payment can be made using Visa & MasterCard via Stripe (when available), or all payment methods available via Paypal & Apple Pay. Stripe has been audited by a PCI-certified auditor, and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available. Full their full security documentation at https://stripe.com/help/security.All of Paypal's legal documentation can be viewed at https://www.paypal.com/au/webapps/mpp/ua/legalhub-full

Payment will be processed as soon as your order has been submitted. In the event that your order cannot be filled – a refund for the full purchase amount will be processed immediately. By placing an order online you are confirming that the credit card you are using belongs to you. All credit card holders are subject to validation and authorisation checks by the card issuer. This is especially relevant for overseas orders.

Alterations to terms & conditions

We reserve the right to make changes to our website, policies, terms and conditions at any time.

Waiver

Should you breach any terms or conditions, and we take no action against you, we shall be entitled to invoke our rights and remedies in any other situation where you breach these conditions.

Governing Law

The above terms and conditions are governed by the laws applicable of the state of New South Wales in Australia. Both parties submit to the non exclusive jurisdiction of the New South Wales Courts.

Shipping

We use Australia Post to send your item/s with the shipping options and estimated only times listed below.

Standard (3-5 working days) 

Express (1-2 working days)

International (1-3 Weeks)

Prices are available on checkout. If you choose to purchase Express Shipping, you will be provided with a tracking number within 12 hours of the item being sent. Any “free shipping” coupons apply to the amount of standard shipping only (max $10). 

If your item is damaged during shipping please contact us immediately. Once the item is returned, we will assess the item. If we find that the item has been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions, outside of probable shipping damage; or been involved in any accident or damage caused by an incorrect attempt at modification or repair; orbeen dealt with or used contrary to our care instructions for the Product; or deteriorated through normal wear and tear we may at our discretion decide not to repair, replace or refund you for the item and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.  

Returns

We will happily accept a return on a full priced item within 14 business days for Australian customers, or 21 business days for international customers.  The item must not have been worn, washed or used in anyway. The item must be returned in its original condition with swing tag and hygiene sticker still in place. Once returned, if we find that the item is in original condition, a refund will be issued within 7 days. If it is damaged, we may at our discretion decide not refund you for the item. The buyer is responsible for all shipping charges for returns. Refunds do not include any original shipping cost paid, unless the item is deemed faulty on inspection by Molly & Frank Swimwear employees only. We reserve the right to make this decision. Our return address will be provided during email correspondence.

Faults

If your item is faulty, you agree to keep the Product in its current condition available for us to inspect within a reasonable time. Please contact us im;mediately with a detailed description of the fault.  Once returned, if we find that the item has

  • been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or

  • been involved in any accident or damage caused by an incorrect attempt at modification or repair; or

  • been dealt with or used contrary to our care instructions for the Product; or

  • deteriorated through normal wear and tear

We may at our discretion decide not to repair, replace or refund you for the item and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

Please email info@mollyandfrank.com with any questions on how to return your item and whether you would like an exchange or refund. Our return address will be provided during email correspondence.

Competitions & Promotions

INSTAGRAM COMPETITIONS

Information on how to enter and the prizes form part of these Terms and Conditions. Participation in any online/Instagram promotion is deemed acceptance of these Terms and Conditions.

1. The Promotor is Molly & Frank Swimwear Australia Pty Ltd, Address 77 BERRY ST, NORTH SYDNEY, 2060 Telephone 0447153136. ABN: 20 081 711 327

2. Entry is open to Instagram users, with the exception of Molly & Frank Swimwear employees, family and friends. Molly & Frank Swimwear Pty Ltd will recognise competition entry submissions through this medium only. Promotions are open to anyone aged 13 and over.
 
3. Promotion details will be listed on the Instagram page. All competition criteria must be met to gain entry.
 
4. Molly & Frank Swimwear reserves the right, at any time, to verify the validity of entries and entrants and reserves the right, in its sole discretion, to disqualify any individual who Molly & Frank Swimwear has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. This includes disqualifying entries from accounts deemed to be used solely, or majortively, for competition purposes. Errors and omissions may be accepted at the Promoter's discretion. Failure by Molly & Frank Swimwear to enforce any of its rights at any stage does not constitute a waiver of those rights. The Molly & Frank Swimwear legal rights to recover damages or other compensation from such an offender are reserved.
 
5. Users can enter unlimited times; and the winner will be selected at random. 
 
6. If there is a dispute as to the identity of an entrant, Molly & Frank Swimwear reserves the right, in its sole discretion, to determine the identity of the entrant.

7. Entrants may choose to unlike the Molly & Frank Swimwear Instagram account at any time; however entrants must follow at time of the winner being notified in order to redeem the prize. Should the entrants not be a Follower of the Molly & Frank Swimwear Instagram account at time of the winner being notified, they will forfeit the prize, and another winner will be drawn.

8. If for any reason a winner does not respond within 3 months, then the prize will be forfeited; and another winning entry will be drawn. The winner will be notified by being tagged directly in a post on the official Molly & Frank Swimwear Instagram account.
 
9. If any prize is unavailable, Molly & Frank Swimwear, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

10. Entrants consent to Molly & Frank Swimwear using their Instagram account name in any media for an unlimited period without remuneration for the purpose of announcing the winning entry, promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by Molly & Frank Swimwear .
 
11. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Molly & Frank Swimwear, including but not limited to technical difficulties, unauthorised intervention or fraud, Molly & Frank Swimwear reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
 
12. Prize will be dispatched to the address stipulated by the winner periodically, at public release, as per availability from the manufacturer.

Privacy Policy

1. Your Privacy

Molly & Frank Swimwear,  ABN 20 081 711 327 respects the privacy of our customers and other individuals we deal with in the course of our business. Molly & Frank Swimwear is bound by the Australian Privacy Principles in the Privacy Act 1988 (Cth) (the Privacy Act), as well as other privacy laws applicable to us. Where appropriate, we will handle personal information relying on the employee records exemption and the related bodies corporate exemption in the Privacy Act.

2. Kinds of personal information collected and held

Molly & Frank Swimwear may collect, use and disclose the personal information of its customers and other individuals for the purposes of its business operations. In each case, the precise nature of the collection, use and disclosure of personal information depends on the nature of your interaction with us (for example, the products or services you request and receive from us).

We may collect personal information about you in a number of circumstances, including if you:

  • contact us;

  • are a customer (for example, we may collect your contact details and credit card details);

  • enter a competition;

  • sign up for a loyalty program;

  • participate in any online forums or blogs;

  • complete any surveys or provide feedback;

  • are, or are employed by, one of our suppliers, contractors, dealers, related companies and agents; or

  • apply for a job or contract with us (for example, we may collect your contact details, information about your working history and relevant records checks). We may collect this information directly from you, from any recruitment consultant or from your previous employers and others who may be able to provide information to assist us in our decision on whether or not to make you an offer of employment or engage you under a contract

3. How your personal information is collected and help 

3.1 General information

We collect personal information about you in a number of ways, including:

  • directly from you (for example, when you provide information to us by phone, email or through our website); and

  • from third parties, such as our related bodies corporate.

3.2 Information about your use of our website

In general, you can browse our website without telling us who you are or revealing any personal information about yourself. We are, however, able to determine your IP address. We use your IP address to help diagnose problems with our server, to administer our website, to monitor the use of our website and to improve the content of our website. In short, we use your IP address to gather aggregate demographic information.

There are a few places on our website where you are able to provide us with your personal information directly, such as when you order a product, enter a contest or sweepstakes, fill out a survey, send us feedback, request owners and parts manuals or register your product online. The nature of the personal information we collect will depend on your use of the website. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including post or zip code), email address, telephone and facsimile numbers, and other personal identifying information. When ordering products on our website, you may be asked to provide a credit card details. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

The Molly & Frank Swimwear website may contain links to other non-Molly & Frank Swimwear websites. Molly & Frank Swimwear is not responsible for the privacy practices of the entities who administer those non-Molly & Frank Swimwear websites or the content of such websites. You should exercise your best judgement when sharing personal information on these websites. 

4. The purposes for which we collect, hold and disclose your personal information

We collect the personal information we need to provide products, services and information to our customers and the community and for our business operations generally.

If you choose not to provide certain personal information to us, we may not be able to provide you with the products, services or information you require.

We (and the organisations to which we disclose your information (see section 5 below)) generally use your personal information for the purposes for which it was collected or as otherwise permitted by law, for example to:

  • provide you with services you requested;

  • process your order and contact you regarding administrative and processing issues;

  • conduct market research and marketing; and

  • provide you with the latest product and promotional material and other information that may be useful to you.

From time to time, we may send you marketing communications about our products and services. If you do not wish to receive further marketing communications from Molly & Frank Swimwear you can send us an email at info@mollyandfrank.com and tell us that you do not want to receive future communications.

5. How your personal information may be disclosed

We may disclose your personal information to various entities depending on what services you receive from us, for example:

  • our related bodies corporate;

  • the card-issuing bank to confirm payment for products purchased on our website;

  • delivery service providers so that they can deliver products you have ordered from us;

  • our dealers, business partners or organisations we have engaged to provide services or carry out functions and activities on our behalf;

  • our professional advisers, including our legal advisors, accountants and auditors;

  • other persons, including government and regulatory agencies, as required or authorised by law; and

  • organisations that acquire (or propose to acquire) all or a part of our assets or business.

We may disclose personal information to any Molly & Frank Swimwear related body corporate or subsidiary, and certain information technology service providers, located in the United States of America or New Zealand.

6. Keeping information secure 

We want you to have continuing trust in Molly & Frank Swimwear and in our products and services and, so, we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure your personal information.

In order to most efficiently serve you, credit card transactions and order fulfilment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorise your credit card or other payment information and to process and ship your order.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through our website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

7. How you can access or seek correction of your personal information or make a complaint 

You can seek access to personal information that we hold about you by contacting Molly & Frank Swimwear using the details set out in section 9 of this Privacy Policy. In some circumstances it may not be possible to provide you with all of your personal information. Where this is the case, we will tell you why. When you request access, we may need to take measures to verify your identity.

If you think that any personal information we hold about you is inaccurate and would like to request that we correct it, please contact Molly & Frank Swimwear using the details set out in section 9 of this Privacy Policy and we will take reasonable steps to ensure that it is corrected.

If you wish to make a complaint about the way we have handled your personal information (including if you think we have breached the Privacy Act) you may do so in writing, by mail or email to the address or email address set out in section 9 of this Privacy Policy. When you contact us, please include your email address, name, address and telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you consider that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

8. Changes to our privacy policy

We may need to update our Privacy Policy from time to time to reflect our changing business practices. We may modify or update our Privacy Policy by publishing the modified or updated version on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

9. How to contact us

For access and correction enquiries and complaints, please contact us using the contact details provided below.

Molly & Frank Swimwear
email: info@mollyandfrank.com