Terms and Conditons

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Website

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 wholesale pet product sales. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

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Website Usage

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.

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Placement of Orders

Orders may be placed via our online portal. In placing an order, the customer acknowledges its acceptances of these terms and conditions.

 

Order Acceptance

Birdtalk Bird Products may accept any order or partial order, including additions to orders not currently dispatched, subject to our minimum order requirement of: $300.

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Note: Birdtalk Bird Products does not send pallets at this stage.

Accepted orders may not be cancelled or changed by the customer without the consent of Birdtalk Bird Products. Orders that are cancelled or changed by the customer without the consent of Birdtalk Bird Products will relinquish their right to return goods.

 

Order Times and Changes

Customer Service Office Phone Order hours are Monday to Thursday from 10am to 5:00pm (Brisbane AEST) and 10am to 1:00pm Fridays. Delivery lead time set out in the Shipping Policy.

Additions to existing orders are subject to warehouse approval, and in the event items cannot be added to an existing order, the standard lead times and minimum order requirements will apply to the new order.

 

Order Confirmation

We are happy to confirm your order by way of invoice. Out of stocks will be noted on invoice and our Customer Service team can assist with any estimated time of arrivals- or supplier out of stocks, where available.

 

Back Order Policy

Birdtalk Bird Products has a “No back order policy” therefore any unavailable items due to supplier out of stocks will not be charged to the customer and their request for the item will not be recorded. The customer will need to place a new order if they still require the item.

 

Price

Prices will be indicated on an invoice, online portal or price list provided by Birdtalk Bird Products to their customers. Prior to the acceptance of an order Birdtalk Bird Products may change its published price at any time without notice. Customers are not entitled to any credit for stock on hand in the event that there has been a price reduction after invoicing.

Prices quoted are exclusive of Goods and Services Tax (GST). GST is the responsibility of the buyer and will be made payable to the supplier when applicable.

Discounts and specials offered will be shown on the invoice, and not be accepted as a claim off the remittance

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Payment

Birdtalk Bird Products accepts Cash, Credit Card, Paypal, Eftpos, PayID, and Direct Deposit only. Orders payed for by direct deposit will only despatched when payment has cleared.

International buyers: Payment by paypal only.

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Payment Time

All items are to be paid for within 3 days of an invoice being provided by Birdtalk Bird Products that includes freight.

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Credit Policy

Birdtalk Bird Products does not offer credit. All goods will not be sent and remain the property of Birdtalk Bird Products until payment is made in full.

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Credit Card Surcharge

All payments made with Visa or MasterCard will incur a 2% credit card surcharge fee. This fee is subject to change without prior notice at the discretion of Birdtalk Bird Products.

 

Sale Conditions:

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.

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Shipping:

Most items and multiple purchases are posted Aust Post or other courier services with tracking.

Postage Pricing will be quoted once an order is received and is based on actual costs calculated from either Australia Post website or other courier services websites.

Birdtalk Bird Products does not charge a handling fee.

All orders sent will have a tracking number that is sent to the customers email address. Please check your email address is up to date and check your junk mail box if one doesn't arrive. If it does not arrive please contact us immediately.

Posting is Monday to Friday we do not post on weekends.

All parcels will be posted to the address supplied on application unless notified of any change prior to shipping.

Any extra costs associated with an incorrect address being supplied by the buyer will be paid for by the buyer.

 

Warranty

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.

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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 with a tracking number. 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.

If these conditions are met then the refund including the return shipping costs will be reimbursed as a credit.

 

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.

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Ownership Of Intellectual Property, Copyrights & 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.

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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

 

Indemnification

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.

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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.

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Right To Change Or 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.

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Promotional Email & 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. 

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Preference Of Law & 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.