Terms of service

Terms of Service — Frankie & Trio Limited

By accessing or purchasing from frankietrio.co.nz, you agree to these Terms of Service. Please read them carefully.

1. General These terms apply to all visitors and customers of Frankie & Trio Limited, a New Zealand registered business. By placing an order, you confirm you are at least 18 years of age.

2. Products We reserve the right to limit quantities, discontinue products, or modify product descriptions at any time. All product images are for illustrative purposes and may vary slightly from the actual product.

3. Pricing All prices are in New Zealand Dollars (NZD) and include GST where applicable. We reserve the right to change prices without notice.

4. Orders & Payment By placing an order you are making an offer to purchase. We reserve the right to refuse or cancel any order. Payment must be received in full before goods are dispatched.

5. Account Access If you create an account on our website, you are responsible for maintaining the confidentiality of your login details and for all activity that occurs under your account. Please notify us immediately at frankietrio@outlook.co.nz if you suspect any unauthorised use of your account. We reserve the right to terminate accounts at our discretion.

6. Shipping Shipping is subject to our Shipping Policy. Delivery timeframes are estimates only and cannot be guaranteed, particularly for rural addresses.

7. Returns & Refunds Returns and refunds are governed by our Returns & Refunds Policy and the New Zealand Consumer Guarantees Act 1993.

8. Perishable Goods Smash cakes and treats are perishable. Once dispatched, we cannot accept responsibility for delays caused by the courier, incorrect delivery addresses, or failure to refrigerate upon receipt.

9. Relationship with Shopify Frankie & Trio Limited is powered by Shopify, which enables us to provide our services to you. However, any sales and purchases you make in our store are made directly with Frankie & Trio Limited. By using our services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Frankie & Trio Limited, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Frankie & Trio Limited.

10. Limitation of Liability To the fullest extent provided by law, in no case shall Frankie & Trio Limited, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the services, or for any other claim related in any way to your use of the services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the services or any content (or product) posted, transmitted, or otherwise made available via the services, even if advised of their possibility.

11. Feedback If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

12. Intellectual Property All content on frankietrio.co.nz including but not limited to logos, images, product designs, text, and branding is the property of Frankie & Trio Limited and is protected under New Zealand and international copyright law. You may not reproduce, distribute, or use any content without our prior written permission.

13. Privacy Policy Your privacy is important to us. By using our website, you agree to the collection and use of your personal information as outlined in our Privacy Policy, which is incorporated into these Terms of Service. Our Privacy Policy complies with the New Zealand Privacy Act 2020.

14. Third Party Links Our website may contain links to third party websites for your convenience. These links do not constitute an endorsement by Frankie & Trio Limited. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. Prohibited Uses You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Frankie & Trio Limited, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools or automated means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features of the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

16. Agents This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person or entity without direct supervision.

No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with these Terms. We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

Agents must: (i) identify that the request is from an Agent in all HTTP/HTTPS requests; (ii) not conceal or obfuscate that interactions are from an Agent; (iii) respond truthfully to any question seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent any measure intended to block or limit Agent access to the Services.

17. Termination We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Sections covering Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, and Governing Law will continue to apply following any termination.

18. Indemnification You agree to indemnify, defend and hold harmless Frankie & Trio Limited, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

19. Errors, Inaccuracies and Omissions Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

20. Severability In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

21. Waiver; Entire Agreement The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.

22. Assignment You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

23. Governing Law These Terms of Service shall be governed by and construed in accordance with the laws of New Zealand. You and Frankie & Trio Limited consent to the exclusive jurisdiction of the New Zealand courts.

24. Headings The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

25. Changes to Terms of Service We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

26. Contact Information Questions about the Terms of Service should be sent to us at frankietrio@outlook.co.nz

Frankie & Trio 53 Nixon Road, Taupaki, Auckland 0782 Phone: 022 431 0604 Email: frankietrio@outlook.co.nz NZBN: 9429053400994