Terms and Conditions

In order to use frontrow.com.au, you must read and agree to our Terms and Conditions.
Online Terms and Conditions of Use
Current as at 20th June 2013.
1. General Disclaimer
In these terms and conditions, “we” “us” and “our” refers to Rytex Pty Ltd ABN 22 147 599 295 as Trustee for The Trenerry Family Trust trading as Front Row Style. Your access to and use of all information on frontrow.com.au and pages that sit below that URL (“the FRS website”) including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend these terms and conditions at any time and your use of the FRS website following any amendments, will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Your use of the FRS website is also subject to our Privacy Policy and all other information provided on this website.
2. Use of the FRS website
In order to access some of the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
If you choose to become a registered user, access to your account is by a username and password nominated by you. You may change your password at any time. If you forget your password, we will send you an email containing a new password.
You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change. You are responsible for keeping your login information confidential and secure.
Without limiting the foregoing, you agree:
(a) Not to permit any other person to use your username or account; and
(b) Not to disclose, or provide to any other person your password, email address or any other information which may allow that person to gain access to your account.
(c) Not to maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users, nor do you seek to pass yourself off as another user.
(d) To comply with these terms and conditions.
On registration, you agree to pay for our products as set out on our website.
We reserve the right to terminate your registration at any time if you breach these terms and conditions.
3. Termination of Registration
If we wish to bring the agreement to an end, we will do so by emailing you at the address you have registered under advising you that your account has been terminated. The account will terminate and your email address and password will become invalid.
4. Capacity
The products on the FRS website are only available for sale to individuals who can legally make binding contracts. The products are not available to persons under the age of eighteen (18) years or any other persons who are legally prohibited from entering into binding contracts. By proceeding to purchase through the FRS website, you acknowledge that you are over the age of eighteen (18) years and are able to enter a legally binding contract.
5. Privacy
We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
6. Intellectual Property Rights
You must comply with all proprietary and copyright notices on the FRS website. This website is subject to copyright. The information on this site is subject to Australian copyright laws. Subject to the provisions of the Copyright Act 1968 (Australia), you must not in any form, or by any means;
(a) Copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivate works from any information or material on the FRS website.
(b) Alter, decompile, dissemble, reverse engineer or modify any material or information that you receive from the FRS website or which can be accessed through the FRS website, or
(c) Use or apply for commercial purposes any material or information on the FRS website without having first obtained written consent from us.
Any trademarks, brands and names appearing on the FRS website are the property of their respective owners.
7. Disclaimers
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware. However, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
8. Links and third party representations
This website may from time to time contain hyperlinks to websites operated by third parties. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link the FRS website with our prior written consent, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. The link must not be in such a way as to suggest any form of association, approval or endorsement where none exists. To the extent that any permission has been granted to link the FRS website, we reserve the right to withdraw linking permission without notice.
9. Security
We use internet standard encryption technology (“SSL” or “Secure Socket Layer” technology) to encode personal data that you sent to us when placing an order through the FRS website.
When transmitting and dealing with your personal information over the internet, you acknowledge that the internet is not a secure environment.
Although we have processes in place to protect the FRS website and the information we collect via the FRS website or email, we cannot guarantee that your information will be secure, confidential and free from unauthorised access or security breaches.
Accordingly, you acknowledge and agree that we are not liable for any unauthorised access, damage or loss that may occur or for correcting or restoring your account which may have been damaged by reason of the unauthorised access.
10. Communication with you
We may send emails from time to time advising you of changes to the services we provide or other information we believe may be of interest to you. At any time, you are able to unsubscribe from our mailing list by following the specific instructions in the email that you receive.
11. Goods and Services (GST) and other taxes
All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our prices are current. Our prices can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
You are responsible for the payment of any and all taxes, duties, charges, imposts or other liabilities imposed by any government agency, government taxation agency or other government body, including but not limited to, any customs duty, any additional GST payable or any value add tax imposed on any product or services acquired or ordered by you from the FRS website.
If you are not an Australian resident, you must make your own enquiries about whether any such liabilities will be imposed if products are delivered to you.
12. Product Descriptions
We strive to ensure that our products are described as accurately as possible on our website. However we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
13. Product Orders
We endeavour to ensure that our product list is current. However we give no undertaking as to the availability of any product advertised on our website.
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information. However, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
We may refuse to process an order or refuse service to anyone at any time at our sole discretion. Additionally, your financial institution may also decline to process payment requests. We will not be liable to you or any third party by reason of refusing or by reason of unwinding or suspending any transaction after processing has begun.
Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
Delivery of your ordered product/s will be as set out on the FRS website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page. All risk of loss or damage to the goods passes to you when we despatch the goods.
14. Product Returns
We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us either by logging into your account or contacting us via email at lori@frontrow.com.au where we set out our requirements relating to return of such goods.
We also undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within seven (7) days of purchase. However, we will not provide any refund of such purchase. If undamaged goods are returned to us for exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
All swimwear and bikini bottoms must be tried on over underwear, without removing the protective adhesive strip. Returns may not be accepted if this strip has been removed or if items are soiled and may be sent back to you, the customer.
15. International delivery
We are prepared to ship orders for products for delivery outside of Australia. However, we make no representation that any products sold through the website are appropriate or available for use outside Australia.
We reserve the right to cancel any order made by a person, or to be delivered to a person outside of Australia, at our discretion.
You, the customer, must comply with all applicable laws and regulations of the country for which products are destined. We will not be liable for any breach by you of any such law or regulations and make no warranty that any product sold through the website will comply with such laws or regulations.
16. Statutory Guarantees and Warranties to Consumers
Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
(a) Schedule 2 of the C&C Act; and
(b) Those statutory guarantees, all of which are given by us to you if you are a consumer.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
(i) We will repair or replace the goods or any part of them that is defective; or
(ii) Provide again or rectify any services or part of them that are defective; or
(iii) Wholly or partly recompense you if they are defective.
17. Limitation of Liability
If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
(a) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
(b) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
(c) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
(d) We do not participate in any way in the transactions between our users.
18. Indemnity
By accessing the FRS website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of of the FRS website.
19. Force Majeure
If a Force Majeure event causing delay continues for more than thirty (30) days, we may terminate this Agreement by giving at least seven (7) days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
20. Entire Agreement
These terms (including any terms or policies explicitly incorporated by reference) amounts to the whole of the arrangement between you and us relating to your use of the FRS website or our services. These terms replace any prior related agreements and understandings between you and us.
21. Waiver
If we fail at any time to insist upon strict performance of any of your obligations under these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions shall be effective unless its expressly stated to be a waiver and is communicated to you in writing.
22. Severability
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
23. Jurisdiction
These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
These Terms and Conditions have been specifically drafted for, and provided to Rytex Pty Ltd as Trustee for The Trenerry Family Trust trading as Front Row Style by LawLive Pty Ltd (www.lawlive.com.au) of Office 2, 1 Cook Drive, Pakenham VIC 3810.
[Terms and Conditions last updated 2st June 2013]