Terms of service
Version 1.2 Updated 19 May, 2025
This website (Website) is owned and operated by Frater Perfumes Limited (“Frater” “we” “us”).
By visiting our Website or purchasing a product or service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), as amended from time to time. If you do not agree to all the terms and conditions in our Terms of Service, then you should immediately discontinue using the Website and the Services.
We may amend our Terms of Service from time to time and we will notify you of any changes by posting an updated version on our Website. If you continue to use or access our Website or any Service after any changes to our Terms of Service, you are deemed to have accepted, and will be bound by, those changes.
1 Section 1 – Online Store Terms
1.1 Price – Unless otherwise stated, all prices are shown in US dollars. On placing an order for products or services, you must pay the price, shipping, and handling charges specified for those products or services, which may include conversion to the currency in your location (as applicable).
1.2 GST – If a supply made under these Terms of Service is a taxable supply as defined in the Goods and Services Tax Act 1985 (New Zealand), then you shall pay us an amount equal to the goods and services tax chargeable on that supply at the same time and in the same manner as any other consideration is payable.
1.3 Payment - We accept payment via the payment methods displayed on our Website. Where you consent to us storing your credit card or debit card at the time of purchase, you consent to us securely storing your credit card or debit card details for future transactions. We will not process a transaction without your consent.
1.4 Orders –
1.4.1 When you place an order with us, you are making an offer to buy products or services. We will collect your delivery address and other relevant details for your order at checkout.
1.4.2 All products and services are sold subject to their availability.
1.4.3 We reserve the right to limit the number of items that you may purchase in a single transaction.
1.4.4 We reserve the right to refuse your order or delivery for any reason at our sole discretion.
1.4.5 If there is an error with the listing of the product on our Website, including but not limited to a pricing error, or a technical error in the processing of your order, we reserve the right to refuse or cancel the order.
1.4.6 We will take payment from you when we accept your order, and will send you an email confirmation as soon as possible after taking payment. We accept no responsibility for email addresses entered incorrectly which result in non-receipt of a confirmation email.
1.4.7 Our rights to cancel orders apply to orders that we have accepted.
1.5 Changes - We may add or remove products from the Website, and products described on the Website may not be available from time to time. If any product ordered is no longer available, we reserve the right to refuse or cancel an order. We reserve the right to change any aspect of our product information at any time without notice.
1.6 Despatch - We work hard to despatch orders promptly after receiving payment from you. We may take longer to process orders during peak trading times, holidays and sale periods and appreciate your patience during these times. Any stated delivery times on our website are estimated delivery timeframes only. We deliver your order through third party delivery agents and, subject to applicable consumer protection laws and to the fullest extent permitted by law, we are not responsible for any failure or delay in delivery caused by any event outside of our control.
1.7 Notice – If your product arrives damaged, you must contact us within five days so that we can assess the damage and work out a solution. You may be asked to provide a photograph of your product and/or delivery package to aid in a speedy resolution.
1.8 Returns – Many of our products are classified as dangerous goods. We are unable to accept return of dangerous goods. If under applicable law you have a right to reject goods, we will talk to you about an alternative solution in accordance with applicable law. Any attempt to return dangerous goods to us is entirely at your own risk. We will only accept return of non-dangerous goods where we are required to by applicable law. Where we are required by applicable law to accept return of non-dangerous goods, we will talk to you about a solution in accordance with applicable law.
1.9 Refunds - We will refund to you an amount that you have paid to us only:
1.9.1 where we have received payment from you in relation to an order (or part of an order) that we do not accept or that we cancel; or
1.9.2 as required by applicable law, including the Consumer Guarantees Act 1993 (New Zealand); or
1.9.3 otherwise at our discretion.
1.10 Professional use – Our products are for trained, professional or laboratory use only. They are not ready for direct consumer use. You must test and reformulate them if you plan to sell to the public.
1.11 Custom Compounding Services
1.11.1 Where you purchase custom compounding services from us (including the formulation, blending, or manufacturing of products to your specifications), those services are subject to our Contract Compounding Terms and Conditions, which are available for download or upon request.
1.11.2 By placing an order for custom compounding services or by accepting any Offer Letter from us for such services, you acknowledge that you have read, understood, and agree to be bound by our Contract Compounding Terms and Conditions.
1.11.3 In the event of any conflict or inconsistency between these Terms of Service and our Contract Compounding Terms and Conditions, the Contract Compounding Terms and Conditions shall prevail to the extent of the inconsistency in relation to custom compounding services only.
1.11.4 These Terms of Service continue to apply to any aspect of your relationship with us that is not specifically covered by the Contract Compounding Terms and Conditions.
2 Section 2 - General
2.1 Your obligations – You agree that you will not copy, reproduce, reverse engineer, or pass-off any product or service we sell to you.
2.1A Local laws – You must follow all import, labelling and dangerous-goods laws in your own country. You will protect Fraterworks if any claim arises because you did not meet those rules.
2.2 Consumer rights - Consumers may have additional rights under the Consumer Guarantees Act 1993 (New Zealand) and the Fair Trading Act 1986 (New Zealand) in relation to the Services and any products purchased from our Website. Your consumer rights are in addition to these Terms of Service. Accordingly, these Terms of Service are subject to your consumer rights and nothing in these Terms of Service is intended to have the effect of limiting or reducing your consumer rights.
2.3 Buyers in trade – Where any products or services are supplied and acquired in trade and you are in trade (in each case, “trade” is as defined in the Consumer Guarantees Act 1993 (New Zealand) or the Fair Trading Act 1986 (New Zealand) (as applicable)), you agree that the provisions of the Consumer Guarantees Act 1993 (New Zealand) and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 (New Zealand) do not apply to the supply of products or services under these Terms of Service, and that it is fair and reasonable to contract out of that legislation.
2.4 Liability – Subject to applicable consumer protection laws and to the fullest extent permitted by law:
2.4.1 While we endeavour to supply accurate information on our Website and in relation to our products and Services, errors and omissions may occur. Frater provides that information "as is" and makes no representation as to its accuracy, completeness, or reliability. We reserve the right to make changes to the content on our Website at any time and without notice.
2.4.2 Disclaimers:
(a) Vegan labelling: Where the word “vegan” is used in relation to our products, that indicates that we have not added any animal products to products marked vegan. We do not verify whether any third-party supplier has used animal additives prior to supplying a product to us. We provide products marked vegan “as is” and make no representation as to the accuracy, completeness, or reliability of that claim.
(b) Natural labelling: Where the word “natural” is used in relation to our products, that indicates that we have not added any synthetic additives to products marked natural. We do not verify whether any third-party supplier has used synthetic additives prior to supplying a product to us. We provide products marked natural “as is” and make no representation as to the accuracy, completeness, or reliability of that claim.
(c) Documentation: We provide the information contained in each document you obtain from us (including but not limited to SDS, IFRA certificate, COA, TDS, EU Allergens, and any other regulatory document) “as is” and make no representation as to its accuracy, completeness, or reliability. We provide no warranties or guarantees in relation to a document you obtain from us. You purchase and use a document or documents at your own risk. Any implied conditions or warranties are excluded and, to the extent that they cannot be excluded, any liability we have to you or any other person or entity in respect of a document you obtain from us is limited to NZD0.01 (one cent). You indemnify us against any loss we suffer or incur as a direct or indirect result of your use of a document you obtain from us.
(d) Translating GCMS information into formulas: We provide the translation of GCMS information into formulas “as is” and make no representation as to its accuracy, completeness, or reliability. We provide no warranties or guarantees in relation to a translation. You purchase and use the translation at your own risk. Any implied conditions or warranties are excluded and, to the extent that they cannot be excluded, any liability we have to you or any other person or entity in respect of the translation is limited to NZD0.01 (one cent). You indemnify us against any loss we suffer or incur as a direct or indirect result of your use of a translation.
(e) Demonstration formulas: Demonstration formulas are provided as a guide only. We provide no warranties or guarantees in relation to the formula. You access and use the formula at your own risk. Any implied conditions or warranties are excluded and, to the extent that they cannot be excluded, any liability we have to you or any other person or entity in respect of the formula is limited to NZD0.01 (one cent). You indemnify us against any loss we suffer or incur as a direct or indirect result of your use of a formula.
(f) Customer specifications – When we make a product to your written formula or brief, you are responsible for any mistake in that formula or brief. We do not guarantee it will meet your final purpose.
2.4.3 All implied warranties and guarantees in relation to the products or services we supply are expressly excluded. Without limiting the generality of the below:
(a) While we try to ensure that the images and description of products or services is accurate:
(i) we do not guarantee that the colour, texture, appearance or detail of the product shown on the screen will accurately reflect the actual product; and
(ii) we make no warranties or representations that any products or services will be fit for purpose or meet your expectations.
(b) We do not warrant or represent that any errors on the Website or any Service will be corrected.
2.4.4 You agree that Frater and its directors, officers, employees and contractors will have no liability (whether in tort (including negligence), breach of contract, equity or otherwise) to you for any direct, indirect, consequential or special loss or damage arising out of or in connection with the products or Services, including, without limitation, any loss or damage you may suffer as a result of:
(a) our variation of these Terms of Service from time to time;
(b) the accuracy of information supplied to you by third parties or your dealings with third parties;
(c) the accuracy or completeness of any information supplied on our Website or in relation to our products or Services;
(d) the unavailability of products on our Website;
(e) errors, mistakes or inaccuracies on our Website or in our Services;
(f) any act you take, or fail to take, due to any information contained on or referred to on our Website or in our Services;
(g) any action or inaction outside our reasonable control (including that of third party providers and delivery agents); and
(h) any interruption from or to our Website.
(i) any spill, leak or other release of the product once it has left our premises.
You agree to hold us harmless from, and indemnify us for, any third party claim made against any of Frater and its directors, officers, employees and contractors in respect of your use of the Website or our products or services.
2.4.5 To the extent liability arises in respect of any product or services sold on the Website, you agree that our maximum aggregate amount payable to you or any person or entity, whether in tort (including negligence), breach of contract, equity or otherwise, in relation to claims, damages, liabilities, losses or expenses will be the price you paid for the product or services. Frater and its directors, officers, employees and contractors will not be liable, whether in tort (including negligence), breach of contract, equity or otherwise, for any indirect, consequential or special loss or damage, or for any loss of profits, loss of data, loss of savings or loss of opportunity (whether direct or indirect).
2.5 Privacy – Our Privacy Policy (https://fraterworks.com/policies/privacy-policy) describes the types of personal information collected and held by us about you and how the information is used. By using the Website or by purchasing our products or services, you consent to our collection, use and disclosure of personal information as outlined in the Privacy Policy.
2.6 Electronic communications – If you have not opted out of receiving marketing or promotional materials from us then, by subscribing to emails or text communications or otherwise providing your email address or mobile number, you consent to receiving marketing or promotional emails and texts from us from time to time. You may unsubscribe from our marketing or promotional communications at any time by clicking the unsubscribe link in any electronic communication received or by emailing [info@frater.com].
2.7 Intellectual property - Our Website and its contents, and our products and services, are protected by copyright, trade mark and other intellectual property rights owned by us and our licensors. All rights are reserved to us. You may not extract, copy or otherwise reproduce or reverse engineer any of our content, products or services (in each case, in any form) without our prior written consent.
2.8 Cookies - We may use cookies and other interactive techniques on our Website to help us identify you when you use our Website or to help us improve your experience when using the Services. If you do not accept our cookies or other interactive techniques, some pages may not operate as intended and you may not be able to access certain information on our Website.
2.9 Third party links - Our Website may contain links to other websites. Those websites and links you access are not under our control. We are not responsible for, make no representations or warranties in relation to, and do not endorse the content of those linked websites and provide them solely for your information and convenience.
2.10 Entire agreement – Subject to applicable consumer protection laws, these Terms of Service constitute the entire agreement, understand and arrangement between us and you in relation to your use of our Website and the supply and use of the Services and supersedes and cancels any previous or other agreement, understanding and arrangement relating to this Website or the Services whether written or oral. Where applicable, paragraph 2.3 above applies to this paragraph 2.10.
2.11 Governing law and jurisdiction-
2.11.1 These Terms of Service and any products or services we provide to you are governed by, and are to be interpreted in accordance with, the laws of New Zealand.
2.11.2 The parties submit to the exclusive jurisdiction of the New Zealand courts in respect of these Terms of Service and the products or services we provide.
2.11.3 No class actions – All claims must be brought by each party on its own behalf. Group, class or representative actions are not allowed.
2.12 No waiver - Any delay or failure to enforce our rights under these Terms of Service does not mean we have waived those rights.
2.13 Severability- If any provision of these Terms of Service is determined to be unlawful, invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
3 Section 1 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
We are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.,The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the program. By participating in the program, you agree to receive automated or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile text message from Us in order to opt out of the program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that attempting to opt out by texting other words or verbally requesting one of our team members to remove you from our list is not accounted for as a reasonable means of opting out.
You acknowledge that the message frequency is various and that consent is not a condition to purchase. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
You may not use or engage with the platform if you are under thirteen (13) years of age. If you use or engage with the platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the platform, or are of adult age in your jurisdiction. By using or engaging with the platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the program after any such changes, you accept this Agreement, as modified.
If you have any questions regarding these Terms of Service, please contact us at info@frater.com.