Terms of service
BurlyBirdie Terms of Service
OVERVIEW
Welcome to BurlyBirdie. The terms "we", "us" and "our" refer to BurlyBirdie. BurlyBirdie operates this website and online store, including all related information, content, features, tools, products and services (the "Services").
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you must not use our Services.
SECTION 1 – ACCESS AND ACCOUNT
You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Services.
You agree that:
- All information you provide is accurate and current
- You are responsible for maintaining your account security
- You are responsible for all activity under your account
SECTION 2 – PRODUCTS
We aim to display products as accurately as possible. However:
- Colours and appearance may vary depending on your device
- Product descriptions may change at any time
- We reserve the right to limit or discontinue products
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase.
We may:
- Accept or reject any order
- Cancel or modify orders if necessary
Your order is only confirmed once payment is processed and accepted.
All purchases are subject to our Return & Refund Policy.
SECTION 4 – PRICING AND BILLING
All prices:
- Are listed in AUD (unless otherwise stated)
- May change without notice
You agree to provide:
- Accurate payment details
- Valid billing and shipping information
You are responsible for all charges, including applicable taxes and shipping.
SECTION 5 – SHIPPING AND DELIVERY
- Delivery times are estimates only and not guaranteed
- We are not responsible for delays caused by carriers or external factors
- Risk passes to you once the item is handed to the shipping carrier
SECTION 6 – INTELLECTUAL PROPERTY
All content on this site (including logos, branding, images, and designs) is owned by BurlyBirdie.
You may not:
- Copy, reproduce, or distribute content
- Use our branding without permission
SECTION 7 – THIRD-PARTY TOOLS AND LINKS
We may provide access to third-party tools or links.
We:
- Do not control or endorse these services
- Are not responsible for any third-party content or transactions
Use them at your own risk.
SECTION 8 – SHOPIFY PLATFORM
Our store is powered by Shopify. However:
- All purchases are made directly with BurlyBirdie
- Shopify is not responsible for transactions between you and us
SECTION 9 – PRIVACY
Your personal information is handled in accordance with our Privacy Policy.
By using our Services, you agree to the collection and use of your data as outlined in that policy.
SECTION 10 – USER FEEDBACK
If you submit reviews, comments, or feedback:
- You grant us the right to use and publish it
- You confirm it does not violate any laws or rights
SECTION 11 – ERRORS AND INACCURACIES
We may correct:
- Pricing errors
- Product descriptions
- Website inaccuracies
We may cancel orders if errors occur.
SECTION 12 – PROHIBITED USES
You must not use our Services:
- For illegal activities
- To harm or exploit others
- To interfere with website functionality
- To attempt hacking, scraping, or misuse
We may suspend or terminate access if you violate these Terms.
SECTION 13 – TERMINATION
We may suspend or terminate your access at any time if you breach these Terms.
SECTION 14 – DISCLAIMER OF WARRANTIES
To the extent permitted by law:
- Our Services are provided “as is” and “as available”
- We do not guarantee uninterrupted or error-free use
Australian Consumer Law Notice
Nothing in these Terms excludes your rights under Australian Consumer Law.
You are entitled to:
- A replacement or refund for a major failure
- Repair or replacement for minor issues
SECTION 15 – LIMITATION OF LIABILITY
To the extent permitted by law, BurlyBirdie is not liable for:
- Indirect or consequential loss
- Loss of profits, revenue, or data
This does not limit your rights under Australian Consumer Law.
SECTION 16 – INDEMNITY
You agree to indemnify BurlyBirdie against any claims arising from:
- Your misuse of the Services
- Your breach of these Terms
SECTION 17 – GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia.
SECTION 18 – CHANGES TO TERMS
We may update these Terms at any time.
Continued use of the website means you accept the updated Terms.
SECTION 19 – CONTACT INFORMATION
BurlyBirdie
📧 burlybirdie@gmail.com
📞 +61 481 755 604
📍 Shop 2a, 644 Old Northern Rd, Dural NSW 2158, Australia