Refund policy

REFUND, RETURN & SURRENDER POLICY

Birds & Co.

This Refund, Return & Surrender Policy forms part of the Terms of Service of Birds & Co. and applies to all bird reservations, purchases, deposits, products and approved surrenders unless otherwise agreed in writing.

By placing an order, paying a deposit, reserving or purchasing a bird, or purchasing products from Birds & Co., the customer acknowledges that they have read, understood and agreed to this Policy together with our Terms of Service.

At Birds & Co., the health, safety and lifelong welfare of every bird is a priority.

Birds are living animals with individual personalities, behaviours and ongoing care requirements. They are not ordinary retail items. Customers are therefore expected to carefully consider their household, lifestyle, financial circumstances, available time and ability to provide appropriate lifelong care before reserving or purchasing a bird.

Nothing in this Policy excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

CHANGE OF MIND

Birds & Co. does not provide refunds, returns or exchanges where a customer simply changes their mind after reserving, purchasing or collecting a bird, except where required by law.

Change-of-mind circumstances include, but are not limited to:

  • A change in the customer’s personal circumstances;
  • A family member, partner or other household member changing their mind;
  • Rental, housing, body corporate or accommodation restrictions;
  • A landlord refusing permission for the bird;
  • Allergies or sensitivities arising within the household;
  • The bird being noisier or messier than expected;
  • The bird displaying natural behaviours the customer did not anticipate;
  • The bird not bonding with a particular person;
  • The bird bonding more strongly with another household member;
  • Existing pets not accepting or safely interacting with the bird;
  • Children losing interest in the bird;
  • The customer no longer having sufficient time for the bird;
  • Financial circumstances changing;
  • The customer no longer having adequate space or suitable housing;
  • The customer deciding that the chosen species, colour, mutation or sex is no longer preferred;
  • The customer deciding that bird ownership is no longer suitable for their lifestyle; or
  • Expectations regarding temperament, talking ability, affection, tameness or behaviour not being met.

Customers are responsible for researching the relevant species before committing to a purchase.

This includes considering the species’ expected lifespan, noise levels, housing requirements, diet, enrichment needs, social requirements, veterinary costs, behavioural characteristics and ongoing care requirements.

Birds & Co. strongly encourages customers to make these considerations before paying a deposit or reserving a bird.

NATURAL BEHAVIOUR IS NOT A DEFECT

Birds are living animals and their personalities and behaviour can change throughout their lives.

Unless otherwise required by law, the following do not, by themselves, constitute a defect or grounds for a refund, return or exchange:

  • Biting;
  • Bluffing;
  • Screaming or vocalisation;
  • Mess;
  • Chewing or destructive behaviour;
  • Territorial behaviour;
  • Hormonal behaviour;
  • Fear responses;
  • Preference for one person over another;
  • Failure to bond with a particular person;
  • Changes in personality as the bird matures;
  • Loss of tameness where ongoing handling or socialisation has not been maintained;
  • Failure to learn words or sounds;
  • Failure to become affectionate;
  • Behaviour around children or other animals; or
  • Other normal species-appropriate behaviour.

Birds & Co. does not guarantee a particular personality, temperament, bond, speaking ability or behavioural outcome.

Appropriate ongoing handling, training, socialisation, enrichment and care remain the responsibility of the customer after collection.

DEPOSITS

A deposit secures a particular bird and removes, or may remove, that bird from availability to other prospective homes.

Deposits are non-refundable where the customer changes their mind or cancels the reservation, except where a refund is required by law.

The amount of the deposit may vary between individual birds and will be displayed or otherwise communicated before payment.

Payment of a deposit does not alter the customer’s rights under Australian Consumer Law.

If Birds & Co. is unable to supply the specific reserved bird or is unable to complete the sale for reasons attributable to Birds & Co., any amount paid toward that bird will be refunded unless the customer voluntarily agrees to transfer the payment to another available bird or arrangement.

A transfer to another bird is not automatic and must be agreed to by Birds & Co.

CUSTOMER CANCELLATIONS

If a customer decides not to proceed with a reserved bird after paying a deposit, this will ordinarily be treated as a customer cancellation.

Where permitted by law, Birds & Co. may retain the deposit to reflect the bird having been withdrawn from availability, administrative arrangements undertaken and opportunities to place the bird with another suitable home that may have been lost.

Nothing in this section permits Birds & Co. to retain money where doing so would be contrary to applicable law.

FAILURE TO PAY THE BALANCE

The remaining purchase price must be paid by the date agreed with Birds & Co.

If the customer fails to pay the balance by the required date and does not make an alternative arrangement with Birds & Co., we may treat the reservation as cancelled by the customer.

Any deposit or other amount already paid will then be dealt with in accordance with this Policy and applicable law.

Birds & Co. is not required to release a bird until all agreed amounts have been paid in full.

COLLECTION OF BIRDS

A bird may only be collected after Birds & Co. has personally confirmed that the bird is ready to leave our care.

Baby birds will not be released until Birds & Co. is satisfied that they are appropriately weaned, independently eating and ready to transition safely to their new home.

Estimated collection or weaning dates are indicative only and are not guaranteed.

Every bird develops at a different rate. Birds & Co. will not rush the weaning process to meet a customer’s preferred collection date, holiday, birthday or other event.

Customers must not attend the property until a collection appointment has been personally confirmed by Birds & Co.

FAILURE TO COLLECT

Customers must collect their bird within the agreed collection period unless Birds & Co. has approved an extension.

Where a customer fails to collect the bird and does not communicate with Birds & Co. or make an approved alternative arrangement, Birds & Co. may treat the reservation as abandoned or cancelled by the customer, subject to applicable law.

Where extended care or boarding has been requested and agreed, a reasonable care or boarding fee may apply where the fee has been disclosed and accepted in advance.

Birds & Co. may also reconsider the suitability of the placement where repeated collection failures raise concerns regarding the proposed home or the customer’s ability to care for the bird.

HEALTH AT THE TIME OF COLLECTION

Birds & Co. takes reasonable care to ensure birds are appropriately cared for before leaving our premises.

Customers are encouraged to observe their bird carefully at collection and raise any immediate concerns before leaving.

Because birds can conceal signs of illness and health conditions may develop for many different reasons, Birds & Co. cannot guarantee that a living animal will never become sick or develop a medical condition after collection.

This does not affect any rights available to the customer under Australian Consumer Law.

HEALTH CONCERNS AFTER COLLECTION

If a customer has a genuine concern regarding a bird’s health after collection, they should contact Birds & Co. as soon as reasonably possible.

Depending on the circumstances, Birds & Co. may request:

  • Photographs or videos of the bird;
  • Details of the bird’s current diet and environment;
  • Information regarding other birds or animals in the household;
  • Details regarding any recent exposure to hazards or illness;
  • Veterinary records;
  • A written examination report; or
  • Diagnostic results from a qualified avian veterinarian.

This information may be required to reasonably assess the nature, timing and possible cause of the condition.

Customers must not delay urgent veterinary treatment while waiting for a response from Birds & Co.

Where a bird appears seriously unwell, injured or distressed, the customer should seek appropriate veterinary assistance promptly.

POST-COLLECTION RESPONSIBILITY

From the time the bird is collected by the customer, or handed to an approved transport provider where applicable, the customer becomes responsible for providing an appropriate and safe environment.

Subject always to Australian Consumer Law, Birds & Co. is not responsible for illness, injury, loss, escape or death caused by circumstances occurring after the bird has left our care where those circumstances are outside the reasonable control or responsibility of Birds & Co.

This may include circumstances involving:

  • Unsafe or unsuitable housing;
  • Incorrect cage setup;
  • Incorrect or inadequate diet;
  • Sudden or inappropriate dietary changes;
  • Exposure to fumes, smoke or toxins;
  • Non-stick cookware fumes;
  • Aerosols, fragrances or chemical exposure;
  • Unsafe household plants or foods;
  • Extreme heat or cold;
  • Ceiling fans;
  • Open doors or windows;
  • Escape;
  • Trauma or accidents;
  • Children handling the bird unsafely;
  • Attacks or injury from dogs, cats or other animals;
  • Contact with unfamiliar birds;
  • Exposure to infectious disease after collection;
  • Failure to maintain appropriate hygiene;
  • Failure to follow reasonable care instructions;
  • Delayed veterinary attention; or
  • Other circumstances outside our reasonable control.

Nothing in this provision excludes responsibility where Birds & Co. is legally responsible under Australian Consumer Law or another applicable law.

VETERINARY ASSESSMENT

Where a health-related claim is made, Birds & Co. may reasonably request supporting information from a qualified avian veterinarian before determining the appropriate response.

Where possible, veterinary documentation should identify:

  • The bird examined;
  • The date of examination;
  • Clinical findings;
  • Testing undertaken;
  • Diagnosis or suspected diagnosis;
  • Relevant history supplied to the veterinarian; and
  • The veterinarian’s opinion regarding likely cause or timing where they are able to provide one.

Birds & Co. may seek additional information where reasonably necessary to assess the claim.

The requirement to provide information does not prevent a customer from exercising rights available under Australian Consumer Law.

AUSTRALIAN CONSUMER LAW

Our birds, products and services are supplied subject to consumer guarantees that may apply under the Australian Consumer Law.

These legal rights cannot be excluded, restricted or modified by this Policy.

Where an applicable consumer guarantee has not been met, the remedy available will depend on the circumstances and the requirements of Australian Consumer Law.

A customer is not automatically entitled to a refund merely because they have changed their mind, no longer want the bird or product, or their personal circumstances have changed.

However, where Australian Consumer Law provides a customer with a right to a remedy, Birds & Co. will comply with its legal obligations.

Birds & Co. may reasonably assess a reported issue before providing a remedy where permitted by law.

SURRENDERING A BIRD

Birds & Co. understands that exceptional circumstances may arise and that, in some situations, a person may no longer be able to appropriately care for their bird.

Where capacity allows, Birds & Co. may agree to accept a bird as a surrender for the purpose of protecting its welfare and assisting with finding an appropriate future home.

All surrenders:

  • Require prior approval from Birds & Co.;
  • Are assessed individually;
  • Are subject to available space and resources; and
  • Must be arranged before the bird is brought to our premises.

Customers must not arrive at the property with a bird for surrender without prior approval.

Acceptance of a surrender is entirely separate from any entitlement the customer may have under Australian Consumer Law in relation to an alleged defect or consumer guarantee claim.

SURRENDER IS NOT A REFUND OR BUY-BACK

A voluntary surrender is not:

  • A return for refund;
  • An exchange;
  • A trade-in;
  • A resale service;
  • A boarding arrangement;
  • A buy-back arrangement; or
  • An agreement by Birds & Co. to reimburse the original purchase price.

Unless otherwise expressly agreed in writing, no refund, payment, store credit or compensation will be provided for a voluntarily surrendered bird.

Once an approved surrender has been completed, Birds & Co. may make decisions regarding the bird’s future care and placement in accordance with its welfare needs and any applicable law.

INFORMATION REQUIRED FOR A SURRENDER

The person surrendering the bird must disclose all relevant information honestly and accurately.

This includes, where known:

  • Medical conditions;
  • Previous illnesses;
  • Current or previous medications;
  • Veterinary history;
  • Behavioural concerns;
  • Biting or aggression history;
  • Dietary information;
  • Housing conditions;
  • Exposure to other birds;
  • Breeding history;
  • Escape history;
  • Known injuries;
  • DNA sexing information; and
  • Any other information that may reasonably affect the bird’s care, welfare or future placement.

Failure to disclose relevant information may place the bird, other birds or people at risk.

Birds & Co. may request veterinary records, testing, quarantine arrangements or other reasonable information before deciding whether a surrender can be accepted.

RIGHT TO REFUSE A SURRENDER

Birds & Co. may decline to accept a voluntary surrender where, for example:

  • We do not have sufficient space;
  • We do not have appropriate facilities for the species;
  • The bird requires specialised care we cannot provide;
  • There are biosecurity or infectious-disease concerns;
  • The bird poses a significant safety concern;
  • Information regarding the bird has not been adequately disclosed; or
  • Acceptance would compromise the health or welfare of birds already in our care.

Where we cannot accept a surrender, the owner remains responsible for arranging appropriate care for the bird.

PRODUCTS AND SUPPLIES

Birds & Co. does not offer change-of-mind refunds for products where we are not required to do so by law.

For health, hygiene and biosecurity reasons, opened or used products may not be accepted for change-of-mind return, including:

  • Bird food;
  • Treats;
  • Supplements;
  • Veterinary or health-related products;
  • Opened consumables; and
  • Other goods that cannot reasonably or safely be resold.

This does not affect a customer’s rights where a product fails to meet an applicable consumer guarantee.

FAULTY, DAMAGED OR INCORRECT PRODUCTS

If a product supplied by Birds & Co. is faulty, damaged, unsafe, incorrectly supplied or materially different from its description, please contact us with:

  • Your name;
  • Order details;
  • A description of the issue; and
  • Photographs or other relevant evidence where reasonably available.

The matter will be assessed in accordance with Australian Consumer Law.

Depending on the circumstances and the applicable legal requirements, a remedy may include repair, replacement, refund or another appropriate solution.

CUSTOMER RESPONSIBILITY

Before purchasing or reserving a bird, customers are responsible for considering whether they can provide appropriate lifelong care.

Bird ownership can involve substantial ongoing responsibilities and expenses, including:

  • Suitable housing;
  • Appropriate nutrition;
  • Toys and enrichment;
  • Social interaction;
  • Training;
  • Veterinary care;
  • Emergency veterinary expenses;
  • Replacement cages and equipment;
  • Boarding or care during travel; and
  • Long-term commitment throughout the bird’s lifespan.

A customer’s later inability or unwillingness to meet these responsibilities does not, by itself, create an entitlement to a refund.

MISREPRESENTATION OR FALSE INFORMATION

Customers must provide truthful and accurate information when communicating with Birds & Co. regarding a reservation, sale, collection, health concern or surrender.

Where Birds & Co. reasonably believes that information has been deliberately concealed or materially misrepresented, we may take that information into account when assessing the matter and may refuse arrangements where legally permitted.

Nothing in this clause limits rights that cannot lawfully be excluded.

RELATIONSHIP WITH OUR TERMS OF SERVICE

This Refund, Return & Surrender Policy should be read together with the Birds & Co. Terms of Service.

Where there is any inconsistency between this Policy and a right or obligation imposed by applicable law, the law will prevail to the extent of the inconsistency.

POLICY UPDATES

Birds & Co. may update this Policy from time to time to reflect changes to our business practices, procedures or legal obligations.

The current version published on our website will apply to future transactions from its effective date.

An update to this Policy does not remove any legal rights that have already arisen.

GOVERNING LAW

This Policy is governed by the laws of Queensland, Australia, together with applicable Commonwealth legislation including the Australian Consumer Law.

Any dispute will be dealt with by a court, tribunal or other body having lawful jurisdiction, subject to any statutory rights available to the customer.

CONTACT US

For questions regarding this Policy, an existing reservation, a health concern, a product issue or a possible surrender, please contact Birds & Co. through our official contact channels or official social media page.

Customers must contact Birds & Co. before attempting to return a product or bringing a bird to our premises.

Birds must not be brought to the property for return or surrender without prior approval and a confirmed appointment.