Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by Birds & Co. Throughout these Terms of Service, the terms “Birds & Co.”, “we”, “us” and “our” refer to Birds & Co.

These Terms of Service apply to your use of our website and to the purchase, reservation or surrender of any bird, product or service offered by Birds & Co.

By accessing or using our website, placing an order, joining a waitlist, paying a deposit, reserving a bird, or purchasing a bird, product or service, you agree to be bound by these Terms of Service and our Refund, Return and Surrender Policy.

You must be at least 18 years of age to reserve or purchase a bird. Where a bird is intended for a child or minor, the responsible adult remains the legal purchaser and assumes full responsibility for the bird’s ongoing care, welfare and supervision.

ANIMAL WELFARE

The health, safety and lifelong welfare of every bird in our care is a priority of Birds & Co.

Customers are responsible for providing appropriate housing, nutrition, enrichment, social interaction, supervision and veterinary care throughout the bird’s life.

Before purchasing or reserving a bird, customers are expected to research the species and ensure that it is suitable for their household, lifestyle, level of experience, available time and financial circumstances.

Birds & Co. reserves the right to refuse, suspend or cancel a sale before a bird leaves our care where we reasonably believe:

• The proposed home may be unsuitable;
• Information supplied by the customer has been inaccurate or misrepresented;
• Agreed care, payment or collection requirements have not been met; or
• Completing the sale may place the bird’s health or welfare at risk.

Where Birds & Co. cancels a sale, any payment received will be handled fairly and in accordance with Australian Consumer Law.

Where cancellation results from false or misleading information, a failure to comply with an agreed arrangement, or another breach by the customer, Birds & Co. may retain reasonable costs where legally permitted.

BIRD LISTINGS AND AVAILABILITY

All birds are subject to availability.

Adding a bird to your cart, joining a waitlist, submitting an enquiry or expressing interest does not reserve or secure that bird.

A bird is considered reserved only after Birds & Co. has confirmed the reservation and received the required deposit.

Unless expressly agreed in writing, Birds & Co. does not hold birds while a customer waits for a preferred colour, mutation, sex or DNA result. Birds may continue to be offered to suitable homes during the appropriate rehoming period.

We make reasonable efforts to ensure that photographs and videos accurately represent each bird. However, colours may appear different due to lighting, photography, screen settings, age, feather development, moulting or natural changes in plumage.

A bird’s appearance may also change naturally as it matures.

WAITLISTS

Joining a Birds & Co. waitlist does not guarantee:

• That a particular species, colour, mutation or sex will become available;
• A specific position where customers ahead of you have priority;
• A particular breeding result;
• A specific collection date or timeframe;
• Availability within a particular breeding season; or
• That Birds & Co. will accept a future sale.

Where a potentially suitable bird becomes available, Birds & Co. may contact customers on the relevant waitlist.

Customers must respond within the timeframe specified in our communication. If no response is received within that period, the opportunity may be offered to the next suitable customer.

DEPOSITS AND PAYMENT

Where a bird listing displays a deposit amount, the amount charged is stated on our website and does not represent the bird’s full purchase price unless expressly stated otherwise.

The remaining balance must be paid by the agreed due date and no later than collection, unless another arrangement has been confirmed by Birds & Co. in writing.

Products, supplies and accessories purchased through the website are charged at their displayed full price unless clearly stated otherwise.

Deposits are used to secure a particular bird and remove that bird from availability to other potential homes.

Deposits are not refundable for change of mind or customer cancellation except where required by law.

If Birds & Co. is unable to supply the reserved bird, the amount paid toward that bird will be refunded unless the customer agrees to transfer the payment to another available bird.

All prices are displayed in Australian dollars unless otherwise stated.

WEANING AND COLLECTION

Baby birds will not leave the care of Birds & Co. until we are satisfied that they are appropriately weaned, independently eating and ready to transition safely into their new home.

Any estimated weaning, availability or collection date is provided as a guide only.

Every bird develops at an individual rate, and Birds & Co. will not rush or shorten the weaning process to meet a preferred collection date.

Customers must wait until Birds & Co. has personally confirmed that their bird is ready and a collection appointment has been arranged.

An automated Shopify order confirmation, pickup notification, fulfilment email or other system-generated message does not constitute confirmation that a bird is ready for collection.

Customers must not attend the property without a confirmed appointment.

Where a customer fails to collect a bird within the agreed timeframe and has not arranged an approved extension, Birds & Co. may treat the reservation as a customer cancellation.

Additional boarding, care or extended collection arrangements must be approved in advance and may incur a reasonable fee where this has been disclosed and agreed.

APPOINTMENTS AND PROPERTY ACCESS

Birds & Co. operates by appointment only and is not an open-access pet shop or public facility.

Customers and visitors must not attend the property without prior confirmation.

Appointment times must be respected due to feeding schedules, animal care responsibilities, cleaning routines, breeding activities and the privacy of those residing at the property.

Birds & Co. reserves the right to refuse, cancel or end an appointment where a person behaves in an aggressive, abusive, threatening, disrespectful or inappropriate manner, or where their behaviour creates distress or risk to any person or animal.

PERSONAL UPDATES

Customers may be invited to contact our official social media account following their order so that personal updates may be provided where available.

Birds & Co. may be hand-raising and caring for multiple birds at any given time. Updates are therefore provided according to our available schedule and workload.

Daily photographs, videos, individual updates or responses are not guaranteed unless expressly agreed.

NATURAL BEHAVIOUR AND TEMPERAMENT

Birds are living animals with individual personalities, behaviours and temperaments.

While Birds & Co. takes care to lovingly hand-raise, socialise and appropriately handle our babies, we cannot guarantee that a bird will:

• Bond with a particular person;
• Remain continuously tame without ongoing handling and interaction;
• Speak or learn particular words or sounds;
• Behave in a particular way;
• Get along with children, other birds or household animals;
• Remain quiet;
• Remain free from biting, bluffing, hormonal, territorial or defensive behaviour; or
• Maintain the same temperament throughout its life.

Customers are responsible for maintaining appropriate training, handling, socialisation, enrichment and care after collection.

Natural noise, mess, personality differences, biting, bluffing, hormonal behaviour, territorial behaviour, behavioural development or a failure to bond as expected do not constitute grounds for a change-of-mind refund.

DNA SEXING

Where DNA sexing is offered, testing may be performed by an independent laboratory.

Any DNA sex information provided by Birds & Co. is based on the result supplied by the relevant testing provider.

Any estimated sex based on appearance, breeder observation, genetics or behaviour is not a DNA guarantee unless expressly stated in writing.

If a confirmed DNA result is later demonstrated to be incorrect, please contact Birds & Co. and provide supporting documentation so that the matter can be assessed in accordance with applicable Australian Consumer Law.

HEALTH AND VETERINARY CARE

Customers should contact Birds & Co. as soon as reasonably possible if they have a genuine concern regarding a bird’s health following collection.

Where appropriate, Birds & Co. may request an examination and written report from a qualified avian veterinarian to assist in determining the nature, cause, timing and appropriate response to the concern.

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

Following collection, customers are responsible for protecting the bird from household hazards, toxins, unsafe foods, unsuitable temperatures, accidents, other animals and exposure to infectious illness or disease.

Birds & Co. cannot guarantee that a living animal will never develop an illness, medical condition or health issue in the future.

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

DIET AND CARE INFORMATION

Any feeding, husbandry, training or care information provided by Birds & Co. is general guidance only.

It is not intended to replace advice, diagnosis or treatment provided by a qualified avian veterinarian.

Customers are responsible for following appropriate feeding, hygiene, housing and husbandry practices after collection.

Any change to a bird’s diet should be introduced gradually and appropriately for the individual bird.

PRODUCTS AND SUPPLEMENTS

Customers must carefully read and follow all manufacturer instructions, product labels, dosage directions, storage requirements, warnings and safety information supplied with any product.

Veterinary products, supplements and treatments should only be used as directed.

Customers should seek advice from a qualified avian veterinarian where a bird is unwell, taking medication or has an existing medical condition.

Information published on the Birds & Co. website, social media pages or other communication channels is not intended to constitute veterinary diagnosis or treatment advice.

FREIGHT AND THIRD-PARTY PROVIDERS

Where bird freight or transport is available, it may be arranged through an independent bird transport or freight provider.

Availability, routes, timing, pricing, delays and transport conditions may be determined by the third-party provider.

Customers may be required to communicate with and make payment directly to the transport provider.

Any separate agreement between a customer and a third-party freight or transport provider is subject to that provider’s own terms and conditions.

Birds & Co. will take reasonable care when preparing a bird for approved transport.

Nothing in this clause limits any legal responsibility, consumer guarantee or right that cannot lawfully be excluded.

REFUNDS, RETURNS AND EXCHANGES

Our Refund, Return and Surrender Policy forms part of these Terms of Service.

Because birds are living animals, Birds & Co. does not provide refunds, returns or exchanges for change of mind, subject to Australian Consumer Law.

This includes changes involving:

• Housing arrangements;
• Financial circumstances;
• Allergies;
• Family or relationship circumstances;
• Time commitments;
• Noise;
• Mess;
• Natural bird behaviour;
• Bonding expectations;
• Compatibility with children or other animals; or
• A change in the customer’s personal circumstances.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot legally be excluded.

SURRENDERS

In exceptional circumstances, Birds & Co. may agree to accept a bird as a surrender where doing so is considered appropriate for the bird’s welfare and where we are able to assist with finding a suitable future home.

All surrenders require prior approval and are assessed individually.

Acceptance may depend on available space, the bird’s species, age, health, behaviour, history and other relevant circumstances.

A surrender is not a return, refund, exchange, trade-in or buy-back arrangement.

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

The surrendering person must fully and honestly disclose all known medical conditions, veterinary history, behavioural concerns, biting history and other relevant information.

Birds & Co. reserves the right to refuse a surrender where we do not have appropriate capacity or where accepting the bird would negatively affect the welfare of birds already in our care.

CUSTOMER INFORMATION

Customers must provide accurate, complete and current contact, billing, delivery and order information.

Birds & Co. is not responsible for delays, missed communications or other issues caused by incorrect, incomplete or outdated information supplied by the customer.

Customers must notify us promptly if their contact information changes while a bird remains in our care.

WEBSITE INFORMATION AND ERRORS

Birds & Co. takes reasonable care to ensure that website information, descriptions, availability and pricing are accurate.

However, information may occasionally contain an error, omission or become outdated.

Where an error materially affects an order or reservation, Birds & Co. will contact the customer and provide an appropriate resolution. This may include correcting the order, offering an alternative where appropriate, or cancelling the affected transaction and refunding the relevant payment.

ACCEPTABLE WEBSITE USE

You must not use the Birds & Co. website:

• For unlawful, misleading or fraudulent purposes;
• To interfere with the security, availability or operation of the website;
• To introduce viruses, malware or malicious code;
• To impersonate another individual or organisation;
• To harass, threaten, intimidate or abuse Birds & Co., its representatives or other customers;
• To attempt to gain unauthorised access to the website or associated systems; or
• To copy, reproduce or commercially exploit our content without permission.

Birds & Co. may restrict or terminate website access where these Terms are breached.

INTELLECTUAL PROPERTY

Unless otherwise stated, all website content, photographs, videos, graphics, branding, logos, written material, educational information and care resources created by Birds & Co. remain the intellectual property of Birds & Co.

Our content must not be copied, reproduced, republished, distributed, altered, sold or used commercially without prior written permission.

PRIVACY

Personal information is handled in accordance with our Privacy Policy.

By using our website or placing an order, you acknowledge that Birds & Co. may collect, store and use information reasonably necessary to:

• Process orders and payments;
• Manage bird reservations;
• Communicate with customers;
• Coordinate collection or approved transport;
• Maintain customer and transaction records; and
• Provide customer service.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, Birds & Co. is not responsible for indirect, incidental or consequential loss arising from use of the website, customer decisions, third-party services or circumstances beyond our reasonable control.

Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, statutory right or remedy that cannot lawfully be excluded under Australian Consumer Law.

CHANGES TO THESE TERMS

Birds & Co. may update or amend these Terms from time to time where our services, business procedures, website functionality or legal obligations change.

The current version will be published on our website and may include the date on which it was last updated.

Any amendment to these Terms will not remove rights that have already arisen under applicable law, including Australian Consumer Law.

SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be read down or removed to the extent necessary.

The remaining provisions will continue to apply.

GOVERNING LAW

These Terms are governed by the laws of Queensland, Australia.

Any dispute arising in connection with these Terms will be dealt with by the courts or tribunals having lawful jurisdiction in Queensland, subject to any rights available under applicable Australian law.

CONTACT

Questions regarding these Terms of Service, an existing order, a bird’s health, a reservation or a possible surrender should be directed to Birds & Co. through our official contact channels or official social media page.