1) DEFINITIONS:

“Agreement” means the Agreement, incorporating these Terms and Conditions.
“FrequentSeas” means EARTH HEART ART trading as FrequentSeas, An unicorporate Association located at 400A, Shute Harbour Road, Airlie Beach, 4802.
“Products” means alkaline and pure water, ceramic dispensers, glass bottles, and other consumable products sold to the Customer by FrequentSeas.
“Bottles” means 15L water bottles rented by the Customer from FrequentSeas.
“Cooler units” means Hot/Cold or Ambient/Cold water systems.
“Bottle Deposit” means a $12 per bottle refundable deposit charged at time of first purchase.
“Customer” means commercial or residential customer/client.
“Replacement fee” means any bottles lost, damaged or unreturned will incur a $12 replacement fee per bottle.
“Other Agreements” means agreements to which one of the following Acts (or parts of Acts as specified) applies: Division 4 of the Queensland Fair Trading Act 1989.

2) AGREEMENT:

This document sets out the Terms and Conditions applicable to the Agreement between the customer (“Customer”) and Earth Heart Art Association (“FrequentSeas”) under which Products may be purchased by the Customer from time to time.

3) COMMENCEMENT DATE:

The commencement date of the Agreement is the date the Agreement is approved by the Customer online.

4) TERMS:

a) If the Customer elects to return products or equipment prior to the end of the Term, the Customer is still liable to pay for all outstanding rentals, invoices, reasonable debt collection fees, reasonable dishonour fees and any other reasonable charges which may apply on demand as a debt due from the Customer to FrequentSeas.

b) Upon termination of the Agreement, refunds will not be provided for any unused products.

c) All payments must be processed prior to the delivery of product.

d) There is no minimum Agreement term.

5) BOTTLE DEPOSIT:

At the time of Agreement, the Customer is required to pay a refundable bottle deposit of $12 (per bottle). This is reimbursed, upon request by the customer on return of the bottles after advising our service is no longer required. You agree for us to debit $12 per bottle for any not acknowledged or returned bottles after 3 months from your last transaction with us.

6) OWNERSHIP:

a) Bottles:
Bottles are the property of FrequentSeas. The ownership of Products does not pass until payment has been made in full. The Customer acknowledges that the ownership of Bottles is retained by FrequentSeas at all times. FrequentSeas shall have the right to remove the Bottles in the event that the Customer fails to abide by the terms and conditions of the Agreement, or becomes bankrupt, insolvent, is wound-up or discontinues operation.

b) Cooler Units or Ceramic Dispensers:
The customer acknowledges that once they purchase a cooler unit and/or ceramic dispenser from FrequentSeas, it becomes the complete property of the customer and FrequentSeas has no obligation to service or replace these units.

7) EXCLUSIVE USAGE:

The Customer agrees that the Bottles shall be used for the sole purpose of holding FrequentSeas water.

8) LIABILITY:

a) To the full extent permitted by law, all conditions and warranties that would be implied are expressly excluded.

b) The liability of FrequentSeas for breach of any condition or warranty is limited (at the option of FrequentSeas) to replacement, repair, or reimbursement as permitted by law.

c) Under no circumstance is FrequentSeas liable for indirect or consequential loss, including loss of profit or opportunity.

9) CONTACT INFORMATION:

The Customer agrees to notify FrequentSeas of any changes to contact information.

10) PAYMENT TERMS:

Payment must be made by credit card, EFTPOS or cash before products are delivered.

11) OVERDUE PAYMENTS:

a) Any dishonoured payments will be reimbursed by the Customer including all bank and reasonable administration fees.

b) Any reasonable recovery costs incurred by FrequentSeas, including debt collection and legal costs, shall be paid by the Customer, plus interest at 10% per annum.

12) PRICING:

a) The Customer agrees to pay for Products and Bottles supplied by FrequentSeas at the price specified on the invoice or agreement.

b) FrequentSeas reserves the right to adjust pricing with reasonable notice.

13) AGREEMENT TO OBTAIN CERTAIN INFORMATION:

a) The Customer consents to FrequentSeas using and disclosing personal information for order processing, service improvement and marketing.

b) The Customer may opt out of marketing communications at any time.

c) FrequentSeas will not disclose personal information unless required by law or business transfer.

d) The Customer may access personal information held by FrequentSeas at no cost.

14) DELIVERY:

a) Orders will be confirmed via email.

b) FrequentSeas will deliver Products within 8 working days, subject to access and availability.

c) Minimum delivery quantities may apply.

d) The Customer must provide safe access for delivery and bottle collection.

e) Delivery queries can be emailed to hello@frequentseas.com.au (update recommended).

15) REFUNDS AND RETURNS POLICY:

a) 7-day money-back guarantee from receipt of goods.

b) Excludes used or damaged goods.

c) Products must be returned in original condition. Collection fee applies.

16) PAYMENT SECURITY POLICY:

FrequentSeas uses Square and secure payment gateways to process transactions with industry-standard encryption.

17) WARRANTY AND REPAIRS:

Warranty applies to water coolers if purchased. Damage due to misuse, neglect or alteration voids warranty.

18) LOST OR DAMAGED EQUIPMENT:

The Customer is liable for lost or damaged equipment while in their care.

19) TERMINATION:

Either party may terminate for breach with 14 days’ notice.
FrequentSeas may terminate immediately in insolvency or creditor arrangements.

20) GOVERNING LAW:

This Agreement is governed by the laws of New South Wales and/or Queensland.