Terms of Sale of Goods

These terms and conditions govern the sale goods by Freeze Yourself Holdings Pty Ltd. from freezeyourself.com.au and Freeze Yourself sales agents.

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Freeze Yourself Holdings Pty Ltd (ACN 673 414 241) (“Freeze Yourself”) and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from freezeyourself.com.au and Freeze Yourself sales agents. By placing an order for Goods from Freeze Yourself you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

1. Definitions

In these Terms and Conditions:

“Account” means a personal account created by you on the Freeze Yourself Website;
“Additional Delivery Charge” has the meaning given in Section 4.4;
“Delivery Charge” has the meaning given in Section 4.3;
“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;
“Freeze Yourself Website” means www.freezeyourself.com.au
“Order” means an order for Goods, placed on the Freeze Yourself Website;
“Parcel Delivery” means a Delivery Option where the Order is delivered to you by our nominated courier;
“Password” means the password needed to access your Account;
“Pre-Orders” means an Order placed for a product (e.g. ice bath and chiller) prior to the product is manufactured;
“Selected Delivery Option” has the meaning given in Section 10.1; and
“Website” means www.freezeyourself.com.au

2. Your legal rights under the Consumer Guarantees provided by the Australian Consumer Law

2.1. Nothing contained in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy or other obligation implied by the Australian Consumer Law which cannot by law be excluded, restricted or modified.

2.2. Our goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. You may recover damages from Freeze Yourself for any reasonably foreseeable loss or damage that you suffer because of any failure of a service or goods to comply with these guarantees, and:

(a) if the failure to comply with these guarantees for goods is a major failure or cannot be remedied, you are entitled to a replacement or refund. If a failure to comply with these guarantees for goods does not amount to a major failure you are entitled to request Freeze Yourself remedy the failure within a reasonable time and if Freeze Yourself fails to do so (by repairing the goods, replacing the goods or providing you with a refund);

(i) you may recover all reasonable costs you incur in having the failure remedied;
(ii) you may (in certain circumstances) be entitled to reject the goods and claim a replacement or refund from Freeze Yourself; or

(b) if the failure to comply with these guarantees for a service is a major failure or cannot be remedied, you may terminate the agreement between you and Freeze Yourself for the supply of the service or recover from Freeze Yourself compensation for any reduction in the value of the service below the price paid or payable by you for the service. If a failure to comply with these guarantees for a service can be remedied and is not a major failure, you may request Freeze Yourself to remedy the failure within a reasonable time, and if it cannot be so remedied you may recover from Freeze Yourself all reasonable costs that you incur in having the failure remedied, or terminate your agreement with Freeze Yourself for the provision of the service.

3. Information about Freeze Yourself’s liability to you

3.1. Except to the extent caused by Freeze Yourself negligence or breach of these Terms and Conditions, or as otherwise required by law, Freeze Yourself shall not be liable to you for any loss to you to the extent it is caused by: (i) your Account information being incomplete or inaccurate; (ii) any unauthorised use of your Password or Account which takes place before you notify Freeze Yourself; (iii) the Order information you submit being incomplete or inaccurate; (iv) being unable to change or cancel your Order once it has been accepted by Freeze Yourself -; (v) your Order not being received, being lost, misdirected or delayed as a result of the facility to place Orders being unavailable due to issues with the Website beyond the reasonable control of Freeze Yourself; (vi) cancellation of your Order by you or someone else using your Account; (vii) delay in delivery of the Goods to you or delay in the availability of Goods for pick up in-store beyond the reasonable control of Freeze Yourself; (viii) any delay in you receiving any refund due to you beyond the reasonable control of Freeze Yourself; (ix) any late, lost or misdirected deliveries of Goods beyond the reasonable control of Freeze Yourself; (x) Freeze Yourself leaving the Goods in accordance with any “authority to leave” given by you, (xi) any breach of these Terms and Conditions by you; or (xii) any other loss to the extent resulting from something outside of our reasonable control and within your reasonable control.

4. Pricing & taxes

4.1 Prices for Goods are as shown on the Website. All prices shown on the Website exclude GST and this has to be added to the price shown.

4.2 Freeze Yourself reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Freeze Yourself.

4.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.

4.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply Freeze Yourself will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Freeze Yourself will cancel your Order. Freeze Yourself will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

4.5 If Freeze Yourself agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.

4.6 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

4.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.

5. Your Account for Orders placed on the Freeze Yourself Website

5.1 If you do not already have an Account you will need to create one before placing an Order on the Freeze Yourself Website, unless you utilise the “Guest Checkout” feature of the Freeze Yourself Website. If you wish to create an Account, additional functionality on the Website may be available to you, for example, order history, order status, address book and receipt of additional marketing communications.

5.2 Please note that when you create an Account, you agree to subscribe to our marketing communications. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, for example, clicking on the unsubscribe link in the email you receive.

5.3 You may not set up an Account for someone else.

5.4 Please ensure that you enter all information carefully when creating an Account. You warrant to Freeze Yourself that all information provided by you in relation to your Account is complete, true and accurate

5.5 You must notify Freeze Yourself immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

5.6 Freeze Yourself may, in its sole discretion, terminate or suspend your Account if Freeze Yourself believes, acting reasonably and in good faith, that this is necessary to protect you or Freeze Yourself from fraud or other unlawful or unauthorised use.

6. Orders

6.1 You can place an Order by following the instructions on the Website.

6.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. Freeze Yourself may accept or reject your offer in its absolute discretion. In particular, but without limitation, Freeze Yourself may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact info@freezeyourself.com.au.

6.3 Each Order that you place will, if accepted by Freeze Yourself, be a separate and binding agreement between you and Freeze Yourself with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

6.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Freeze Yourself with their personal information and, by placing an Order, you confirm to Freeze Yourself that you have done this.

6.5 Please ensure that you enter all information carefully when placing an Order. You warrant to Freeze Yourself that all information provided by you in relation to each Order is complete, true and accurate.

6.6 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Freeze Yourself. Freeze Yourself will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

6.7 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Freeze Yourself cannot consolidate separate Orders into one delivery.

6.8 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g a mixture of ice bath and merchandise); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.

6.9 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed due to issues with the Website beyond the reasonable control of Freeze Yourself.

6.10 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

7. After you have submitted an order/payment

7.1 When you submit an Order you will receive an Order reference number via e-mail.

7.2 Freeze Yourself will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in Section 4.4). Your Order is deemed to be accepted by Freeze Yourself when Freeze Yourself does this, however, Freeze Yourself may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Freeze Yourself cancels your Order having already processed payment, it will refund payment in accordance with Section 14.1.

7.3 When you place an Order you must pay 50% of the total cost of the Order (via the payment portal on the Website) before Freeze Yourself accepts and processes your Order. If your payment cannot be processed, your Order will be rejected and we will notify you by email. Payment of the balance of your Order is payable when your Goods are ready to be dispatched to you.

7.4 When Freeze Yourself accepts an Order it represents an agreement by Freeze Yourself to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

7.5 You must pay for Goods by credit card or certain prepaid payment cards.

7.6 You must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means. If the name on the credit card/payment card/account does not match the name on the Order, Freeze Yourself may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card or selecting one of the other available payment methods you authorise Freeze Yourself to deduct the price and the applicable Delivery Charge(s) from such card or payment methods.

7.7 Freeze Yourself reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

7.8 Freeze Yourself may not be able to, or may decline to, accept payment from you by your nominated payment method:

(a) where our fraud detection systems detect possible irregularities;

(b) because your financial institution or other payment provider has declined payment;

(d) where technical difficulties impact our ability to process payment; or

(e) in any other situation if Freeze Yourself believes, acting reasonably and in good faith, that this is necessary to protect you or Freeze Yourself from fraud or loss.

Where this is the case, Freeze Yourself reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

7.9 When you submit an Order, Freeze Yourself may complete a pre-authorisation of the full value of the Order. A pre-authorisation is a practice of validating electronic transactions by holding the value of the Order unavailable until either the merchant charges the account or the transaction is cancelled. If an Order is cancelled (for example, because our fraud detection system has detected a possible irregularity), any pre-authorisation may still appear in your account as a pending transaction for a period of time, which will vary depending on your financial institution (e.g. 7 to 30 days). After such time, the funds will become available again for you to use.

7.10 Goods that you have ordered will not be dispatched to you until your payment of the outstanding amount owed by you for the Goods has cleared. If your payment cannot be processed, your Goods will not be dispatched until payment of the outstanding balance is received. If we do not receive payment of the outstanding balance within 7 days of notifying you, then your Order will be cancelled, we will retain the Goods and we will refund you any amounts you have paid minus any third party fees we may have incurred such as shipping and transport costs.

8. Cancellation of Orders

8.1 Freeze Yourself reserves the right to cancel, at any time before delivery, an Order that it has previously accepted where:

(a) Freeze Yourself, acting in good faith, is unable to obtain sufficient quantities of stock to fulfil your Order within a reasonable time;

(b) an event beyond Freeze Yourself’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure or problems with the internet or third party computer systems, means that Freeze Yourself is unable to supply the Goods within a reasonable time;

(c) Goods or services ordered were subject to an accidental error on the Website, for example, in relation to a description, price, reward or image;

(d) you ask Freeze Yourself to cancel your Order in accordance with section 6.6; or

(e) in the circumstances set out in Sections 4.4 or 7.8.

8.2 You may cancel your Order where Freeze Yourself:

(a) has breached a material term of this Agreement; or

(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.

8.3 Where Freeze Yourself cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

8.4 In the event of Freeze Yourself or you cancelling your Order after payment has been processed, Freeze Yourself will refund any money paid in respect of that Order minus any third-party fees we may have incurred such as shipping and transport costs. Section 15 of these Terms and Conditions sets out further information about refunds.

9. Availability of Goods/Refurbished stock

9.1 As Freeze Yourself is dependent upon its suppliers to provide stock, Freeze Yourself cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Freeze Yourself reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. After you place an Order, if there are any changes in available stock and Freeze Yourself is unable to fulfil your Order, you will be notified as soon as possible.

9.2 Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in good working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.

10. Delivery

10.1 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order (“Selected Delivery Option”). An estimated delivery time will be listed for your Selected Delivery Option . Freeze Yourself will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order.

10.2 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

10.3 Goods will generally only be delivered to addresses within Australia, New Zealand, Europe, the United Kingdom, United States of America and Canada. Freeze Yourself i is unable to deliver to certain parts of Australia, New Zealand, Europe, the United Kingdom, United States of America and Canada and where this is the case you will not be able to process your Order.

10.4 Following dispatch of your Goods, Freeze Yourself will email you with confirmation of dispatch and an invoice for your Order.

Parcel Delivery

10.5 Where requested, Freeze Yourself will deliver to PO Boxes or Postal Lockers where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, Freeze Yourself will call you to arrange an alternative delivery address.

10.6 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:

(a) take your Goods to our delivery service provider’s local depots;

(b) ask you if you are willing to give us “authority to leave” the Goods at a place that you believe is safe at, or outside, the delivery address;

You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods.

Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience. If you provide “authority to leave”, we will leave the Goods at the agreed place and delivery will be deemed to have occurred. Risk and title in Goods passes to you at this time and you will bear the risk of any loss or theft of the Goods from this time onwards.

10.7 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, Freeze Yourself will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.

11. Delay in availability or delivery of Goods

You agree and acknowledge that:

(a) Freeze Yourself does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Section 10 above, estimated delivery times listed for the Delivery Options for your Order, or any other timeframes otherwise specified by Freeze Yourself or any of its staff;

(b) stock availability and events outside Freeze Yourself control (including adverse weather conditions, traffic conditions and governmental action) may cause delays, or in some circumstances, prevent your Goods from being delivered;

(c) delays are particularly likely to occur during busy sale periods such as those around Black Friday, Christmas, Easter and public holidays.

12. Refunds of your money

Where Freeze Yourself is obliged to refund your payment pursuant to these Terms and Conditions, Freeze Yourself aims to initiate your refund to your original payment method(s) within 2 business days (Monday – Friday 9:00 am to 5:00 pm Sydney time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution or other payment provider processes the refund. Please note that if Freeze Yourself is obliged to provide you a full or a partial refund of your payment for specific Goods in your Order, all refunds do not include the refunding of any third-party costs incurred by Freeze Yourself such as shipping costs.

13. Returns/faulty or damaged goods

13.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact us as soon as possible.

13.2 If you have a problem with any Goods or otherwise wish to return them please refer to Freeze Yourself’s Refund & Return Policy which forms part of these Terms and Conditions. If you are returning unused and unopened Goods due to change of mind in accordance with our policies:

(a) we will not refund the shipping and delivery costs or any third party costs incurred by Freeze Yourself, and you must pay for them to be delivered back to us at the address nominated by us.

If Goods are unused but have been unpacked, we may, at our absolute discretion, accept return of the Goods in the event of a change of mind provided they are in perfect condition. However, in such cases we will not refund any Delivery Charge, and you must pay for us to pick up the goods if you are unable to return the Goods to Freeze Yourself warehouse and we will apply a restocking fee equal to 20% of the original purchase price.

13.3 When returning Goods:

(a) please provide Freeze Yourself with your proof of purchase;

(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords) supplied at the time of original purchase;

(c) if you are returning Goods due to a change of mind, the Goods must be in a “re-saleable” condition as determined by Freeze Yourself.

13.4 Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

13.5 You may not be entitled to a refund or exchange just because packaging is damaged in transit. The packaging exists to protect the Goods themselves.

14. Privacy and Marketing

14.1 Freeze Yourself policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions. You should read this policy before providing any personal information to Freeze Yourself. By providing the personal information requested, you agree to this policy.

14.2 Please note that when you create an Account, you agree to subscribe to our marketing communications. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, for example, clicking on the unsubscribe link in the email you receive. Otherwise, you may opt-out of receiving marketing communications by sending a written request to The Privacy Officer, Freeze Yourself Holdings Pty Ltd by email to info@freezeyourself.com.au.

15. Additional Terms and Conditions

Your use of the Website is governed by the Freeze Yourself Website Terms of Use.

16. General

16.1 Freeze Yourself reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

16.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

16.3 These Terms and Conditions are governed by the laws of New South Wales, Australia.

Last updated: February 2024