Terms & Conditions

Terms of Use

These Terms of Use (Terms) apply to all Customers of the Website. We may modify and update these Terms at any time, without notice. In using the Website and Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on the Website from time to time. If you do not accept these Terms, you cannot use the Website or any of the Services.

 

DEFINITIONS

Customer means any person approved by us to operate any aspect of our website.

Retail Customer means a Customer that has registered to be a Retail Customer.

We, Our and Us means Mr Fred including its directors, employees, contractors, and affiliates.

Website means www.mrfred.com.au.

Wholesale Customer  Retailer that is registered with us to make business to business transactions.

 All orders will be delivered by contract courier companies/Australia Post in accordance with the delivery terms on the Website.

 

PAYMENT

We accept:

All major credit cards using Visa, MasterCard, AMEX and Paypal

Mr Fred customers can choose to have these credit card details stored securely with encryption on their account or they can delete the details.

When going through checkout or when in the My Account section of their account (where credit card details, address details etc can be added/deleted) customers are in a secure environment and any information the customer sends or receives is private.

If we decline to complete an order under our Completion of Order Policy (below) or we cannot fulfil an order for any reason, we will refund the payment for the order. 

REFUND POLICY

Requests for credits or returns must be made within 7 days of delivery of goods. Please refer to the Returns Policy on the Website. 

COMPLETION OF ORDER POLICY

We may require you to provide additional information before we accept and process any order.

The delivery to you of any email or other confirmation of your order, or the receipt of funds from you, or any deduction to your credit card, does not signify our acceptance of your order or constitute our agreement to provide the Products or Services to you.

We reserve the right to decline to process any order when there has been an incorrect price listed on the Website due to a typographical or other error.

We also reserve the right in our sole discretion to accept or decline an order at any time without providing a reason.

If we decline to accept and process any order under this Completion of Order Policy, we will refund any payment made by you for the order.

 

GENERAL USER AGREEMENT

To be eligible to register and use our Services, you acknowledge and agree to the following:

You are 18 years of age or older and able to form a legally binding contract;

You will not share your password or login details with any other person and you will keep your contact and other information updated;

You warrant that all information you provide is true, correct, up-to-date and accurate;

You will not use our Services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities; and

You will not transmit any viruses, malware, worms, etc. of any kind and you will not upload, post, host or transmit unsolicited material or messages to the Website.

 

We make no warranty that the Website will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the Website is always available and virus-free but from time to time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the Website becomes unavailable for any lengthy and unusual time period.

You agree and acknowledge that the Website uses third-party vendors and hosting partners to provide the necessary software, hardware, service and storage.

 

MEDICAL DISCLAIMER

Nothing contained in or on the Website is intended to be used or treated as advice. It does not take into account your individual health, medical, physical or emotional situation or needs. It is not medical advice and should not be considered or used as a substitute for medical attention, treatment, examination, treatment of existing conditions or diagnosis and is not intended to provide a clinical diagnosis nor take the place of medical advice from a qualified practitioner. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use and you should, before you act on or use any of this information, consider the appropriateness of the information with respect to your own personal situation and needs. Before relying on any information or material or using any products, you should contact your own professional practitioner to ensure it is relevant to and appropriate for your particular circumstances.

Whilst we endeavour to keep the information on the Website up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose.

 

TERMINATION

You agree that we may, in our sole discretion, terminate or suspend your access to the Website and the Services with or without notice and for any reason, including, without limitation, breach of these Terms. We may, at our sole discretion, provide you with a warning that you have breached the Terms and provide you with an opportunity to rectify the breach, to our satisfaction, as a condition of maintaining your account and having continued access to the Website.

Any suspected fraudulent, abusive or illegal activity, including breach of copyright, may be grounds for terminating your account and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the Website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to the Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

 

You may request us to close your account at any time by sending an email request to us at hello@mrfred.com.au

 

PRIVACY

We do not collect or store your information, any sensitive information as described in the Privacy Act 1988 (Cth).

We only collect information required to provide our Services and we keep this information in secure encrypted servers. This includes records that help to administer our business, keep stock records, costs, revenues and accounts in the normal way.

We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal information is handled.

We will not disclose any personal information without consent unless required due to a medical emergency, injury, health risk or similar and we will only do so to a qualified professional who is under the same duty of confidentiality.

 

LIABILITY AND INDEMNITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, injury or damage of any kind which may result from your use of the Website, the Services or any information contained on or linked to the Website.

Your use of the Website and the Services, including your reliance on any information on the Website, is entirely at your own risk, for which we will not be liable.

It is your own responsibility to ensure that any Products, Services or information contained on or linked to the Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability to the fullest extent permitted by law.

Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom or statute are expressly excluded by these Terms.

For the purposes of Schedule 2 of the ACL, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Mr Freds’ liability is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

In any event, for any claim, our liability to you will not exceed the amount actually paid by you to us in the preceding one-month period.

You agree to indemnify us against any and all claims, liabilities, actions and expenses which may result either directly or indirectly or is in any way related to your use of the Website or the Services, your reliance on any information contained on or linked to the Website, or any actions or activities you may undertake with other persons or businesses as a result of the Services.

This Liability and Indemnity clause will survive the expiry or termination of these Terms and your use of the Services.

Our failure to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision.

 

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours or our suppliers.

All other trademarks or service marks within the Website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or name of ours or of any of our advertisers/Suppliers

You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on the Website. Any unauthorised use of the materials appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any content on the Website. In particular, if we believe any content to be inappropriate, potentially breach regulations, receive complaints, or for any other reason, and in our reasonable discretion, we may remove or modify the content at any time without notice. We will not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name to any law enforcement authority, other competent authority, or any person for the purpose of legal proceedings, prosecution, or investigation for any breach or alleged breach of the law or these Terms.

 

GOVERNING LAW

These Terms are governed by the laws of Victoria which are in force from time to time and you agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.

 

WEBSITE DISCLAIMER

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The material on this site is for general information purposes only. Whilst we have exercised due care in ensuring the accuracy of the material contained on this website, the information is not specific nor does it take into account your personal circumstances.

Nothing contained in this site is intended to be used or treated as advice. It is not medical or professional advice and it is not intended to be used to diagnose, treat, cure or prevent any disease, condition nor should it be used for therapeutic purposes or as a substitute for your own health or medical professional’s advice.

Any reliance you place on information on our website is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use and you should not use this information or our products to diagnose or treat any health problem, disease or condition without consulting a qualified healthcare professional. Before relying on any information or material or using any products, you should obtain your own professional advice to ensure it is relevant to and appropriate for your particular circumstances.

Whilst we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.

In no event do we accept liability for any loss, injury, damage, including but not limited to indirect or consequential loss or damage, death or illness, that may result of any use or reliance on the information provided on or use of this website.

 

COPYRIGHT NOTICE

This website and its contents are the copyright of – Mr Fred 2023 All rights reserved, except where copyright to images and/or words are held by our suppliers or brand owners.

Any redistribution or reproduction of part or all of the contents in any form is prohibited without our express written permission.

You may not, except with our express written permission, distribute or commercially exploit the content, nor may you transmit it or store it in any other website or other form of electronic retrieval system.