Terms & Conditions
This website is owned and operated by Surprize Products Pty Ltd t/a Birdtalk Bird Products. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors online retail pet product sales and information regarding caring for pet birds. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing, postage and sales tax is available on the payments page.
All items purchased are to be paid for within 3 days of purchase.
Bank Deposit Express (Internet transfer) Please leave your user Id in the preference box so we can match your payment with your order. Delays in postage may occur if this is not done.
All items are to be paid for within 3 days of purchase.
Postage Pricing is flat rate as advertised on the site and added during the checkout process.
NO ITEMS WILL BE LEFT AT FRONT DOORS NO EXCEPTIONS.
Please allow 2 business days for toys to be posted after payment is made.
Posting is Monday to Friday we do not post on weekends.
Christmas time is especially busy with the hand made range of toys so sometimes it may take a couple of days extra. Please be patient.
Most items and multiple purchases are posted Aust Post with tracking.
All parcels will be posted to the address on the subscription sign-up sheet unless prior arrangements are made.
International buyers: Payment by paypal only.
Any extra costs associated with an incorrect address being supplied by the buyer will be paid for by the buyer.
All sales are final unless the item is not as described.
All care is taken in item listings, and any misprints, omissions, or mistakes are unintentional.
Birdtalk adheres to all trading rules applied by Australian Securities and Investment Commission and Fair Trade Australia.
RETURN & REFUND POLICY
For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 7 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: [list of items].
All items need to be returned registered post within 7 days, all return postage to be paid for by the buyer. Refund will be given if the following conditions are met:
1 The item is unused and in it's original condition.
2 The item is faulty.
If for any other reason you are unhappy with your purchase please contact me to resolve the issue.
RETENTION OF THE RIGHT TO CHANGE OFFERING
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.
Birdtalk values our customers: so if for any reason you are unhappy with your purchase please contact us to resolve the issue before leaving negative feedback.
OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS AND LOGOS
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Surprize Products Pty Ltd t/a Birdtalk Bird Products. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
RIGHT TO SUSPEND OR CANCEL A USER ACCOUNT
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
You agree to indemnify and hold Surprize Products Pty Ltd t/a Birdtalk Bird Products harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall [website owner], be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, [website owner] assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
RIGHT TO CHANGE AND MODIFY TERMS
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
PROMOTIONAL EMAIL AND CONTENT
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
PREFERENCE OF LAW AND DISPUTE RESOLUTION
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of [Name of Country / State], without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in [Name of the city of the courts]. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Please note that some bird toys are made out of perishable products or soft components and are designed for your bird to chew. Some birds are more destructive than others and consequently the life span of toys do vary. Acrylic toys and the bullet proof 'Lucky bird toys' usually last longer. Regardless of what toy you buy your bird will have fun destroying it.