Terms & Conditions 

Please make a selection from the following:

How to Shop
Pricing & Payment
Returns & Exchanges
Postage & Delivery
Birthday Gift Cards
Size Guides
Fabrics & Care
Security Policy
Privacy Policy
Technical Specifications
Website Terms & Conditions


 

How to Shop 

Placing an order with Frankie & Nicole is simple.

1. Browse through the online store categories and you will then be presented with a full list of products within that category.

2. Select the product you would like (you can view the item in alternative images found under the main product image) and select the size (we recommend visitin the Sizing Guide if you are unfamiliar with our sizing) and then select the quantity.

3. Click on ‘Add to Cart’ button, where your chosen products will be added to your shopping cart. You can access the contents of your Shopping Basket at any time by clicking the link ‘shopping basket’ that is at the top of every page of the website. You can also make any changes to your shopping basket by amending the quantity and removing items. Once you have made changes click ‘update your order’. From here you can continue to 'Keep Shopping' (this option will take you back to the online store categories) or 'Proceed to Checkout’ where you will be asked to complete your contact, delivery and payment details.

4.If you are a first time customer you will need to register and fill in a few details for us. By registering with Frankie & Nicole you will be amongst the first to hear about any special offers, updates, new products, plus it means checkout is faster with your details pre-entered, ready each time you shop with us. We know that keeping your personal information private is very important and we do this responsibly and in accordance with current Australian laws. For more information please see our Privacy Policy. (Found under Terms & Conditions)

5.Your order will then appear and you will be prompted to fill in your delivery address. We post to all street addresses and post office boxes.  For more information please see our Shipping Policy (Found under Terms & Conditions)

6. You will then be asked to enter a Shipping Method. Standard Delivery charges are $10 however, you have the option to use the Express Post option for a fee of $14.95. Please see our Shipping Policy for more information.  (Found under Terms & Conditions)

7. Payment – When you enter the checkout, you will be asked to create a method of payment. This can be in the form of any of the following:

• Credit card (Visa and Mastercard)
Please note: If you have any a birthday gift card to use or a discount code you will be asked to enter it here.

Order Confirmation
Please carefully check the accuracy of all the information you have provided and the order details. Sorry, but we do not accept responsibility for incorrect information.

When you are ready, click the ‘Proceed with Payment' button to proceed with the payment of your order.
If you have any problems when following these steps, please contact us.

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Pricing & Payment 

PAYMENT METHODS
You can order from Frankie & Nicole with total confidence. We have created a secure transaction environment for your online shopping experience. Secure transactions are processed via Westpac Payway System which uses the VERISIGN security encrytion method to ensure that your purchases are 100% secure. For more information on this technology, please visit www.verisign.com.au.

The following cards can be used at www.frankieandnicole.com

  • Visa
  • Mastercard

To learn more security, please refer to our Security Policy.
 
Do you accept money orders/cheques/direct transfers?
No. Frankie & Nicole does not accept money orders/cheques/direct transfers.

Frankie & Nicole Reserve The Right to:

  • cancel any order, at which time, we will immediately notify this action by e-mail or phone, using the e-mail address or number/s provided. We will refund the monies paid using the original method received.
  • take reasonable steps to verify that the order and credit details are bona fide.

*All orders made on the Frankie & Nicole site are subject to availability of stock.

PRICING POLICY
Do the prices shown on the website include GST?
Yes. All prices shown on frankieandnicole.com are inclusive of the Australian Goods and Services Tax (GST). GST is payable on all goods delivered after 30th June 2000. All prices are in Australian dollars. (AUD$)
 
I’m an international customer, do you convert my order into my local currency?
No. We will bill your credit card in Australian dollars and your card company will convert the charges for you. You can use the currency converter at the bottom of the shopping basket to get an estimate on what an order will cost you in your preferred currency.
For further information regarding overseas orders, please refer to Postage & Delivery.
 
Further Questions?
If you have any further questions relating to our Payment and Pricing Policy, please contact us via our contact form.

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Returns & Exchanges 

Your satisfaction is our satisfaction!
Our goal at Frankie & Nicole is complete customer satisfaction and to provide great products that both you and we can be proud of. A vital part of this is our prompt and helpful customer service and our flexible exchange and returns policy.
Please note: All orders are subject to availability of stock. If an item you have ordered is not in stock, we will advise you and send it to you as soon as it becomes available. If the item has been discontinued, we will contact you to see what you would like to do and we can send you a different product or refund you the amount. Please note: refunds or exchanges are not permitted on sale items.
 
I have received a faulty/damaged item and would like to exchange it. What do I do?
We are very proud of the fabric, quality and craftsmanship that goes into making each Frankie & Nicole product. However, if there is ever a manufacturing fault with a garment you have received, please contact us immediately. We will exchange the item/s for free and reship immediately. On return of the faulty garment/s we will refund your shipping costs.
 
I have chosen the wrong colour/size/product and want to exchange it.

If you receive your Frankie & Nicole product and you are not completely satisfied with the size, colour, style etc we are more than happy to exchange the item or provide you with a credit. The items purchased must be returned to us in original condition (unworn & unwashed with all labels/tags intact), and within 14 days of you receiving the shipment. You are responsible for the postage costs of returning the item to us.
We will cover the cost of shipping a replacement item to you on the first exchange however any subsequent exchanges we reserves the right to charge additional postage of the shipment to you. You will be charged for the additional items sent if you fail to return the original items back to us by the specified time period, however we will notify you prior to charging you for the outstanding item.
 
Do you provide refunds on items?
We will only provide a refund for goods that are faulty or damaged, and for goods that are not on sale.
Goods must be returned within 14 days in original condition (unworn and unwashed with all labels/tags attached). We will provide a full refund, exchange or credit to use on future purchases.
 
Where do I send my goods to be exchanged/refunded?
For all exchanges (except faulty or damaged goods) a returns slip needs to be filled out and sent along with the returned goods. View a copy of the returns slip here.


Frankie & Nicole RETURNS
PO Box 7336
SOUTHPORT QLD 4215
AUSTRALIA


Unfortunately we cannot accept responsibility for any problems occurring in transit with products returned to us. The total amount for the items returned and accepted will be refunded to the credit card on which the original payment was made. The amount refunded will be made in Australian Dollars as per your original purchase.
 
Do you accept refunds or exchanges on sale items?

No. There is no exchange or refunds on sale items.
 
I have already worn my Frankie & Nicoles, can I still exchange?
No. Due to health regulation reasons we can only accept garments back that are in original condition and that have not been worn or washed. If a worn item is sent back to us, we will typically contact you to better understand the reason for the return. Please note, where an item is returned to us without first notifying us that the item has been worn, we do reserve the right to send the item(s) directly back to you.
 
I have returned my Frankie & Nicoles for an exchange but have not received or heard anything back from Frankie & Nicole.
Depending on where you are sending your returns items back from, the typical shipping time for items to arrive back into Frankie & Nicole is around 10 days. (This may be longer for international shipping) As soon as your exchange has been processed by us, we will send you an email letting you know that it has been sent.
 
International Returns and Exchanges
The same policy applies to our international customers. However indicated time periods may be slightly longer that those applied to our Australian customers. If you are an international customer that wants to exchange items you have received from Frankie & Nicole, please contact us within 7 days of receiving your shipment.
 
IMPORTANT INFORMATION
We cannot accept responsibility for delays in delivery due to unforeseen circumstances (eg: Strikes, floods etc.). All colours of garments are reproduced as accurately as possible, however a slight variation may occur in colour and size specifications. Colours may appear slightly different via this web site due to computer picture resolution and individual monitor settings. Offers available until stocks sell out. When ordering by mail/fax, if all items requested have sold out you will be notified by mail.

1.         The Competition and Consumer Act 2010 and Fair Trading Act

        1.1   Nothing in this agreement is intended to have the affect of contracting out any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

 
Further Questions?
If you have any further questions relating to our Returns and Exchanges Policy, please contact us via our contact form.

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Postage & Delivery

Frankie & Nicole is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. In the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.

All prices are in Australian dollars and include Goods and Services Tax (GST)

DELIVERY WITHIN AUSTRALIA
How much will it cost?

For orders under $150 there is a $10 FLAT RATE Shipping cost to anywhere in Australia. For orders over $150 we are happy to offer FREE SHIPPING. We use Fastaway Couriers to Australian street addresses and Australia Post for PO Boxes and rural areas. Both services are fully trackable and include product insurance. For more immediate deliveries, you also have the option of purchasing an Express Post Parcel at a rate of $14.95.

 
How long will it take for my order to arrive?
Please allow 7 to 10 working days for product delivery. Courier companies usually ship within 48hours, however delays can occur. We post to all street addresses and post office boxes. If you purchase the Australia Post Express Post option, you will receive your products within 2 to 3 working days. Please note, if delivery is outside of standard metro areas, longer delivery times will occur. Please note if you live in an apartment/unit block it is your responsibility to liase with the managers about leaving the parcel at reception in the event  you are not home at the time of delivery.

What should I do if my items haven’t arrived after 10 days?
If for some reason your parcel does not arrive within a reasonable timeframe please contact us and we will track it for you using the tracking code provided by either the courier service used or Australia Post.


INTERNATIONAL DELIVERIES
How much will it cost?

 
We ship worldwide with Australia Post International at a flat rate of $25.
Note: For large orders there may be additional postage fees. If additional fees are payable we will contact you to confirm payment before your order is dispatched.
 
How long will it take for my order to arrive?
Please allow 20 business days for all international orders. On occasion, some shipments may take longer than 20 business days. This will depend on the postal services in your area. It is important to note that the Customs Agency in the country of destination (where applicable) may delay the delivery of an order for up to 6 weeks for inspection or as a random security measure. This applies to a small percentage of orders shipped and unfortunately is uncontrollable by Frankie & Nicole staff.
Our parcels are dispatched via a combination of Air Mail and normal surface mail. Final delivery is completed by a courier so a signature is required. Therefore, we recommend a work address (please include full business name, receivers name and other relevant details). If no one is available to sign for the parcel it will be re-directed to the nearest post office. For international deliveries, we DO NOT deliver to Post Office Boxes.
 
Is my order calculated in my local currency?
No. All prices are charged in Australian dollars and then converted to your local currency upon transaction. The total transaction amount may vary slightly once your order is charged to your credit card, if this is the chosen payment method. The reason for this is that when your order is charged to your card, the exchange rate used by your credit card company may vary to that indicated at the time of placing the order.
 
Does the total price include any customs taxes or duties that may apply?
No. The prices listed on our website do not include relevant overseas duties and other custom charges and/or administration fees that the parcel may incur when entering the country of destination. The majority of shipments are delivered free of customs taxes and duties however the destination country’s customs agency may select your shipment for assessment and could charge duties and taxes and/ or administration fees on your shipment. Frankie & Nicole are not responsible for any additional taxes incurred by your country. Please check your local customs procedures regarding taxes.
PLEASE NOTE: To comply with Australian export regulations we are required to declare the exact value of all items ordered and to mark them as dutiable 'merchandise'. We are also prohibited by law from marking the order as a 'gift', even if the order is placed with the intention of sending to a gift recipient.
 
OTHER IMPORTANT INFORMATION

Insurance
Any loss or damage will not be covered unless insurance is taken out. We recommend you consider insurance. If you require insurance please notify us by placing a note in the “Comments” field during checkout. We will then contact you prior to dispatch to notify you of the costs of insurance and to arrange for payment prior to dispatch.

Stock Availability
All items on this website are subject to availability.

Your Details
The address details used for the shipment of your order are the exact details supplied by you at the time of ordering. Incorrect details may result in delivery delays so it is important to check these details when ordering.
 
Unforseen Circumstances
We cannot accept responsibility for delays in delivery due to unforeseen circumstances (eg: strikes, floods etc.).
 
Further Questions?
If you have any further questions relating to our Postage & Delivery Policy, please contact us

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Redeeming Birthday Gift Cards

 
How do I redeem my Frankie & Nicole Birthday Gift Card?
Birthday Gift Cards can be redeemed through this site with all purchases over AUD $50 using the unique code that is sent with the picture postcard. Gift cards are valid for 6 months from your birthday and are issued in Australian dollars.
 
Do I have to use the Birthday Gift Card all at once?
Yes. To redeem your birthday gift card, the total amount of $20 must be used in one transaction and can only be redeemed on purchases with a total amount of AUD $50 or greater.


What happens if I lose my Birthday Gift Card or it is stolen?
Treat your gift card like cash. Lost and stolen gift cards will not be replaced or refunded.


Can I reuse my Birthday Gift Card?
No. Once the gift card has been used once (either partly or wholly redeemed), it cannot be reused.


Will I still receive a Birthday Gift Card if I am an International customer?
Yes of course! That is one of the benefits of registering as a valued customer of Frankie & Nicole! However, Birthday Gift Cards are issued in Australian dollars. For international customers, the appropriate currency will be converted at the time of checkout.


GIFT CARD TERMS AND CONDITIONS

This gift card (“card”) is issued by Frankie & Nicole Pty Ltd (“Frankie & Nicole”) ABN 72 147 808 964. A defaced, mutilated, altered, lost or stolen card will not be replaced, refunded or redeemed. This card is: redeemable for merchandise at www.frankieandnicole.com; not redeemable for cash and is not a negotiable instrument; valid until the earlier of the expiry date shown on the card (being 6 months from date of issue) not partially redeemable.(Must be used in it's entirety in one transaction equalling or greater than AUD $50). Cash will not be given for any unused amount. Any unused amount after the expiry date of this card will not be refunded or credited.

 

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Size Guides 

Please see our Sizing page

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Fabrics & Care 

 
Fabrics and Care
100% Rayons

 
RAYON PREMIUM
A premium lightweight fabric that has been processed to drape beautifully over the body. Soft and silk-like, our premium rayon is designed for the ultimate comfort.
Care instructions: We recommend a cold gentle wash with a mild detergent. It is recommended to not tumble dry or dry clean this fabric, instead, use a warm iron only. Remember not to iron over lace or the satin trims!

RAYON HERRINGBONE
Soft and silk-like, our rayon herringbone fabric feels as luxurious and lightweight as our rayon premium that features the herringbone (series of zigzags) pattern.
Care instructions: We recommend a cold gentle wash with a mild detergent. It is recommended to not tumble dry or dry clean this fabric, instead, use a warm iron only. Remember not to iron over lace or the satin trims!
 
RAYON SATIN
This luxurious fabric offers a supurb satin finish. Slightly heavier than our other rayon fabrics.
Care instructions: We recommend a cold gentle wash with a mild detergent. It is recommended to not tumble dry or dry clean this fabric, instead, use a warm iron only. Remember not to iron over lace or the satin trims!

 

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Security Policy 

How is my personal information protected?
frankieandnicole.com is protected by the highly trusted Comodo SSL (Secure Sockets Layer) Certificate which protects your sensitive information with 128/256 bit encryption technology. Comodo has invested millions into their research and development labs that are consistently working to push boundaries and develop new exclusive technologies that make interacting online a safer venue for you. For more information click here.

When making a purchase through Westpac PayWay your financial details are passed through a secure server using the latest 128-bit SSL encryption technology, which is the highest level commercially available. Westpac is protected by the VERISIGN security encryption method. For more details on VERISIGN click here.

Similarly, the PayPal site is highly secure and uses industry-leading technology to keep your information safe. For more information click here.

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Privacy Policy 

Maintaining your confidence in us is our priority.
Frankie & Nicole collects a certain amount of information from our customers and visitors to our website. We do this for the effective running of our day-to-day business and in improving your experience with Frankie & Nicole. We know that keeping your personal information private is very important and we do this responsibly and in accordance with current Australian laws.
 
Collecting your personal information
It is not a prerequisite that you provide personal information in order to access the frankieandnicole.com website. It is however necessary to provide us with some personal information when placing an order online. In these cases you will see that some of the information you are asked to provide is mandatory (without which you will not be able to complete the process) and some is voluntary.
 
Your Personal Information is collected to enable us:

  • to process and complete your orders and/or
  • to inform you of new products, special promotions, and important changes to the Frankie & Nicole business that may be of interest to you. (Note: you may choose not to receive these types of notifications) and
  • to improve our services

We may use the information you provide to inform you about new Frankie & Nicole products or items of interest via email or postal mail as long as you have indicated that you do not object to this. We try not to do this intrusively and you can always choose not to receive any further newsletters or promotional material from us by clicking on the appropriate link clearly visible in emails we send. Alternatively you can contact us via our contact form.
Any personal information that you give us is private. Frankie & Nicole will only use such information collected for the purpose of which it was supplied and such information will not be disclosed to any third party unless required by law.
 
Collecting technical information
We may also collect navigational information when you browse the frankieandnicole.com site. This is general information like your domain type, IP service provider, browser type and IP address and is presented in the form of overall average use on a daily basis. This does not contain personal information about you. Frankieandnicole.com uses a browser feature known as a cookie, which assigns a unique identification to your computer which are typically stored on your computer's hard drive. Both the navigational information and cookies are used by our technical team to identify problems, evaluate the effectiveness of our website and analyse trends. With this knowledge, we can improve the quality of your experience on our website by recognising and delivering more of the most desired features.

Storage and use of your personal information
Personal information such as your name, postal and email addresses and telephone numbers are deemed necessary to process and complete transactions made on frankieandnicole.com. This information is held on the website for a period deemed necessary to complete the transaction. Payment and order processing information provided by customers are securely retained for only for the purpose of completing an individual business transaction. Email addresses are the exception, which are retained in a customer database if the customer has opted in to the Mailing List.
We will limit the collection and use of customer information to the minimum we require to deliver superior service to our existing and new customers. Only on a need to know basis will some of your Information be passed on to our delivery couriers to enable accurate and timely delivery of your orders and/or promotional materials.
In accordance with the privacy law we give you access to all personal information that we ask from you and we expect you to keep your information up-to-date and correct any misinformation.
 
Changes to this Privacy Policy
This privacy policy may change from time to time, particularly as new rules, regulations and industry codes are introduced. Frankie & Nicole reserves the right to change this Privacy Policy at any time. Changes are effective upon posting on the website.

Your Say On Your Privacy
If you have a particular concern or query about your personal information held by us
If you have any queries in relation to this Privacy Policy, contact Frankie & Nicole via our contact form.

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Technical Specifications 

What do I need to use this website?

Browser

For optimal performance, we recommend the following -

Internet Explorer version 7.0 or higher

Firefox version 3.5 or higher

Safari 3.0 or higher

Google Chrome version 10 or higher


Please be sure that JavaScript and Cookies are enabled; both are required to complete online transactions. To get the most from the Frankie & Nicole website, we recommend that you set your monitor to an 1024x768 pixel resolution or higher to best view the entire site. In addition, we recommend Flash Player 8.0 or better and Adobe PDF reader 6.0 or better. Pop-up windows should no be blocked.

Color Clarity & Integrity
Because settings on individual monitors vary, it is often hard for us to show the exact color(s) of each item. All images have been optimized to look their best on a variety of different platforms, browsers and monitors. If you have questions about a particular color of an item, please feel free to contact us  via our Contact Us form.

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Website Terms & Conditions 

Overview
The following TERMS AND CONDITIONS apply to all visitors to or users of the Frankie & Nicole website, the home page of which is at www.frankieandnicole.com. By using this website, you agree to be bound by these TERMS AND CONDITIONS, as they may be modified by Frankie & Nicole at any time and posted on this website. By purchasing a product from this Website and/or by completing the registration process, you are deemed to be bound by these Terms and Conditions. These Terms and Conditions include details such as Shipping and Delivery, Returns and Exchanges,Payment and Security In the event of a violation of these rules and regulations, Frankie & Nicole reserves the right to seek all remedies available by law and in equity.
 
Limited License:
Frankie & Nicole Website and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by Australian and International copyright laws. Materials are provided by Frankie & Nicole as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions:

a. you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission;

b. you may not access or use the Frankie & Nicole Website for any competitive or commercial purpose; and

c. you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Frankie & Nicole may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Frankie & Nicole
 
Trademarks:
Frankie & Nicole retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Frankie & Nicole Pty Ltd are protected by Australian and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Frankie & Nicole Website. Your misuse of the trademarks displayed on the Frankie & Nicole Website is strictly prohibited. You are also advised that Frankie & Nicole will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
 
Linking:
Periodically, links may be established from this Website to one or more external websites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Frankie & Nicole Website. None of such links should be deemed to imply that Frankie & Nicole endorses the Third Party Sites or any content therein.
Frankie & Nicole does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Frankie & Nicole will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
 
Special Notice:
Frankie & Nicole has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Frankie & Nicole web page is prohibited absent express written permission from Frankie & Nicole. Framing, inline linking or other association of the Frankie & Nicole Website or its Materials with links, advertisements and/or other information not originating from the Frankie & Nicole website is expressly prohibited.
 
Disclaimer of Warranty:
Access to Frankie & Nicole Website is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Frankie & Nicole reserves the right to block or deny access to the Website to anyone at any time for any reason.
 
Jurisdiction:
Frankie & Nicole controls this Website from its offices within Queensland, Australia. Frankie & Nicole does not imply that the materials published on this Website are appropriate for use outside of Australia. If you access this Website from outside of the Australia, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Website shall be governed by the laws of the state of Queensland, Australia, without giving effect to its conflict of laws provisions.
 
Your Communications:
Frankie & Nicole shall be free, but not obligated, to use any ideas, concepts, know-how, text, photographs, images or techniques ("User Submissions") contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes or developing, manufacturing and marketing products using such information, all without any payment to or further authorization by you. You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Frankie & Nicole does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on VictoriasSecret.com if we choose to publish them once submitted. Frankie & Nicole reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Website Terms, Conditions and Notices, including without limitation, the Prohibited Uses of Website and Services and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.
 
Prohibited Uses of Website and Services:
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that

a. contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer;

b. are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable;

c. contain chain letters or pyramid schemes;

d. contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities;

e. impersonate any person, business or entity, including our company and our employees and agents;

f. encourage conduct that would constitute a criminal offense;

g. give rise to civil liability;

h. otherwise violate any law; or

i. in doing so, amounts to any conduct that, in the judgment of Frankie & Nicole, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.
 
Limitation of Liability:
IN NO EVENT WILL FRANKIE & NICOLE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEBSITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF FRANKIE & NICOLE IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
 
Revisions:
Frankie & Nicole may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the site, at any time and without notice. Frankie & Nicole also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Frankie & Nicole may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Website after any changes to these terms are posted will be considered acceptance of those changes.
 
Notice for Copyright Infringement:
Frankie & Nicole does not permit copyright infringing activities on this Website. Frankie & Nicole may remove any content of any kind that a user posts to this Website ("User Communications"), e.g., if properly informed that the User Communications infringe another's copyright rights. Frankie & Nicole may terminate the ability to submit User Communications if, under appropriate circumstances, a person submitting User Communications to this Website is determined to be a repeat infringer.
If you are a copyright owner or an agent for such owner and believe that any User Communications on this Website by third parties infringes upon your copyrights, you may notify Frankie & Nicole by providing the following information in writing:


1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
2. Identification of the location where the original or an authorized copy of the copyrighted work exists;
3. Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Frankie & Nicole to locate the same;
4. Information reasonably sufficient to permit Frankie & Nicole to contact you, such as an address, telephone number, and, if available, an email address;
5. A statement that you have a good faith belief that use of the User Communication(s) or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

1.         Personal Property Securities

1.1   In this clause ‘financing statement’, ‘financing change statement’, ‘security agreement’ and ‘security interest’ have the meanings given to those terms by the PPSA.

1.2   The Customer acknowledges and agrees that these terms and conditions:

(a)   constitute a security agreement for the purposes of the PPSA; and
(b)   create a security interest in:
(i)    all Goods previously supplied by the Supplier to the Customer (if any);
(ii)   all Goods that will be supplied in the future by the Supplier to the Customer;
(iii)  the proceeds of sale of all Goods previously supplied or to be supplied; and
(iv)  all present and after acquired personal property of the Customer,
to secure payment of all monies (including but not limited to the Price and any interest) owing by the Customer to the Supplier from time to time under these terms and conditions and under any other agreement  or arrangement between the Customer and the Supplier.

1.3   The Customer undertakes to:

(a)   promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the PPS Register and otherwise do all things necessary and required by the Supplier to ensure that any security interest  registered by the Supplier is a perfected security interest under the PPSA;
(ii)   register any document on any register reasonably necessary to secure the Supplier’s interest under these terms and conditions;
(iii)  register any other document required to be registered under the PPSA; or
(iv)  correct a defect in a statement referred to in clauses 15.3(a)(i), (ii) or (iii);
(b)  indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the PPS Register or releasing any Goods that are the subject of a security interest;
(c)   not make an amendment demand in respect of a security interest, apply to the Registrar to register a financing change statement in respect of a security interest, without the prior written consent of the Supplier; and
(d)   not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Supplier; and
(e)   immediately advise the Supplier of any material change in its business practices of selling the Goods which may result in a change in the use of the Goods by the Customer or in the nature of proceeds derived from the sale of the Goods.

1.4   The Supplier and the Customer agree that sections 96 and 125 of the PPSA do not apply to the security interest created by these terms and conditions.

1.5   The Customer hereby waives its rights to receive notices, information or statements (as the case may be) under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

1.6   The Customer waives its rights as a grantor and/or a customer under sections 142 and 143 of the PPSA.

1.7   Unless otherwise agreed to in writing by the Supplier, the Customer waives its right to receive a verification statement in accordance with section 157 of the PPSA.

1.8   The Customer unconditionally ratifies any actions taken by the Supplier under clauses 15.3 to 15.5.

1.9   The Customer irrevocably appoints the Supplier to be its attorney to do such acts and execute such documents as the Customer could personally do or execute (including the appointment of a substitute attorney) which in the opinion of the Supplier (acting reasonably) is necessary or expedient to give effect to any right, power or remedy conferred on the Supplier by these terms and conditions or the PPSA and to give effect to the matters contemplated by these terms and conditions.

1.10 The provisions of this clause  15 will survive termination of these terms and conditions or any other agreement between the Supplier and the Customer for the sale of Goods, for whatever reason.

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