Terms and Conditions
These Terms and Conditions constitute a contract between the customer (You) and S&W Aviaries.
1. Agreement
1.1
In these Terms and Conditions We, Our or Us means S&W Aviaries; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
1.2
By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.
1.3
The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.
2. Legal Capacity
If you are under the age of eighteen (18) years you cannot place Orders with Us. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years.
3. Website Use
3.1
The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
3.2
You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
3.4
You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
4. Pricing
4.1
Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:
• by agreement between You and Us in writing or by email; or
• in accordance with clause 7.4.
4.2
All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.
5. Product Specifications
5.1
Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.
5.2
All weights and dimensions of Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.
6. Orders
6.1
You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).
6.2
Orders will be deemed to have been received by Us at the time We send an Order confirmation to Your nominated e-mail address.
6.3
We are an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
6.4
We reserve the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).
6.5
In the event of a cancelled Order not dispatched, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
6.6
We do not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
6.7
We shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Us (or its affiliates), and We shall be entitled to a reasonable extension of time for the performance of such obligations.
6.8
Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
7. Payment
7.1
You may provide Your nominated credit card during the purchase process described on the Website.
7.2
Payment for Orders will be processed immediately upon confirmation of Your Order.
7.3
If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to seven (7) days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
7.4
Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.
8. Delivery and ownership of the goods
8.1
We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. We do not accept any liability for loss or damage suffered by anyone as a result of any such delays.
8.2
The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Us. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e- mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund or store credit at any time prior to dispatch of the Product(s).
8.3
We will not deliver Products to PO Box addresses.
8.4
Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
8.5
The couriers or postal services nominated by Us will deliver Products during local business hours (9am to 5pm, Monday to Friday).
8.6
We are not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Us (as notified to the Customer) in relation to date and time of delivery. We shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
8.7
We reserve the right to not ship to remote or rural locations.
9. Faulty or damaged goods
We will repair, replace or refund faulty or damaged Products in accordance with Our Terms & Conditions and Your rights under the Australian Consumer Law.
10. Intellectual Property
All Intellectual Property in any Material on the Website is the property of S&W Aviaries . Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
11. Privacy
By placing your Order or otherwise contacting Us, you agree that: We may store, process, use and disclose data collected from your Order for the purposes of processing and fulfilling your Order; and your data will be handled in accordance with Our Privacy Policy.