Welcome to the website of Hello Little Birdie.
These terms set out the agreement for online trading between HUTCHINGS & CO PTY LTD trading as Hello Little Birdie (ABN 61 660 262 635) and the user of this website (“you/your”). Please read them carefully before proceeding with entering the website. You must accept these terms and conditions to access the website any further. This website is operated by HUTCHINGS & CO PTY LTD trading as Hello Little Birdie (abn: 61 660 262 635) (domain names “www.hellolittlebirdiestore.com” and “www.hellolittlebirdie.com.au as “the website”)
Throughout the site, the terms “we”, “us” and “our” refer to “hello little birdie”. the following terms + conditions, our privacy policy, any other terms and conditions and policies which you may find throughout our site (such as our returns + exchanges policy) in connection with certain functionality, features or promotions, and any other laws or regulations which apply to the site, collectively govern usage of the site, and the products and services provided therein (collectively “terms & conditions”) we encourage you to read these Terms and Conditions, and consult our Help section if you have any particular questions in relation to browsing and shopping online with us. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. You may be accessing the site from a computer or mobile device, and these Terms govern your use of the site, regardless of the means of access. if you do not agree to all the terms, then you may not access the website or use any service.
Our online store is hosted on Shopify Inc. who provide us with the online e-commerce platform that allows us to sell our products and services to you.

currency + pricing

Prices listed on this site are in Australia Dollars [aud] and are inclusive of GST. prices are subject to change effective immediately and without notice upon posting to the site or other form of notification.

payment terms

By completing an order, you are making an offer to purchase the product at the price set out on the website. Payment is to be made at the time of submitting the order. Payment can be made by visa, mastercard, american express, afterpay or paypal only. You warrant that you are an authorised user of the credit card, afterpay account or paypal account used to make the payment. All transactions are settled in Australian Dollars (AUD)

acceptance of your order

Once you have placed your order, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it. acceptance of your order, and completion of the contract between you and “hello little birdie” will be completed when we email you to confirm the goods have been dispatched and handed over to the designated carrier. completion of orders is subject to availability of the goods and/or services. The contract for the supply of goods or provision of services is concluded in NSW, Australia. We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, that the item ordered is out of stock, the services are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, within the Terms and Conditions. ‘Hello little birdie’ reserves the right to refuse to process or refuse service to anyone at any time at our sole discretion. We reserve the right to restrict multiple quantities of an item, or restrict the number of items being shipped to any one customer or postal address.

online store terms

By agreeing to these terms of service, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your place of residence and you have given us your consent to allow any of your minor dependents to use this site. you may not use our products for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). you must not transmit any worms or viruses or any code of a destructive nature. a breach or violation of any of the terms will result in an immediate termination of your services.

general conditions

We reserve the right to refuse service to anyone for any reason at any time. you understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. credit card information is always encrypted during transfer over networks. you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms. 

intended use

By placing an order with “hello little birdie” you agree to use the products only for their intended purpose. If you use the products/services for any other purpose you assume full responsibility for any loss or damage arising out of this use.

purchase for personal use only

you may purchase our products for personal use only and not with the intention of resale. by placing your order, you are certifying that you are purchasing products for personal use only and not for resale. We reserve the right to refuse orders for any reason without explanation.

accuracy, completeness and timeliness of information

We attempt to be as accurate as possible when describing our products on the site, however to the extent permitted by applicable law, we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. any reliance on the material on this site is at your own risk. This site may contain certain historical information. historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. you agree that it is your responsibility to monitor changes to our site. 

shipping & delivery

“hello little birdie” offers free standard delivery via Australia Post on orders over $150 AUD, excluding bulky goods (as identified in product descriptions). For orders that include bulky goods, the shipping fee will be calculated at checkout. For orders under $150 AUD that do not include bulky goods, there is a flat $12.00 AUD shipping charge. Express shipping is $17.50 where the order does not include bulky goods. Please note that shipping times are a guideline, and subject to change based on order volume, promotional periods, wild weather or unforeseen/unavoidable events beyond ‘hello little birdie’’s reasonable control. Delayed or missing items, once handed to the carrier, are the responsibility of Australia Post.

promotional codes

On occasion, hello little birdie has special offers that can be applied to your order through use of a promotional code. In order to take advantage of these promotions, you must enter the promotional code in the space provided during the checkout process and hit “apply” whereby the value of the promotional code will be applied to all eligible orders automatically.  Promotional codes are valid only for the period specified and will end at 11.59pm AEST on the end date. We reserve the right to withdraw or cancel promotional codes for any reason at any time. Promotional codes are and remain at all times, the property of ‘hello little birdie’. For any queries, please contact customer service info@hellolittlebirdie.com.au

products & pricing

prices shown are in australian dollars and include gst where applicable. prices may not include delivery and handling charges. you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to and payment of these may be necessary to release your order from customs on arrival. Our range of products offered for sale via the website are subject to change without notice. all descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.we cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. we may exercise this right on a case-by-case basis.  

faulty goods

Our products are all initially quality controlled, however if you have received a product with a manufacturing fault we will, in accordance with our obligations under the Australian Consumer Law, replace it or refund the code. Please note that wear and tear in the course of normal use is not considered a manufacturing fault. You may consult our returns policy for more information

accuracy of billing and account information

We reserve the right to refuse any order you place with us. we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. we reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. you agree to provide current, complete and accurate purchase and account information for all purchases made at our store. you agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Nothing in these conditions of sale is intended to exclude, restrict or modify any statutory obligation of Hello Little Birdie implied by the goods act, 1958. 

copyright

The contents of our website, and the site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our Site) use by its users.

All the material on the website is subject to copyright and may not be copied or reproduced in any way without prior written consent. Any attempt to modify any material on the website is a violation of copyright. All registered or unregistered trademarks, logos, and service marks displayed on the website to denote hello little birdie are owned by hello little birdie, and may not be used in connection with any product that isn;t associated with hello little birdie, in any manner that is likely to cause confusion, or in any manner that disparages hello little birdie.No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents of this site.

security

Hello little birdie is hosted on Shopify Inc. who runs All Traffic Transport Layer Security (TLS) certificates to secure all connections. TLS is a security device that ensures that any data, which you enter into a secure area of the site, is encrypted during transmission over the Internet. TLS utilises data encryption to create a secure environment for you to conduct your online transactions. In order for TLS to be effective, you must be using an TLS/SSL compliant browser. Hello Little Birdie does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and identification purposes only. While every endeavour is made to ensure every shopping experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.

third-party links

certain content, products and services available via our service may include materials from third-parties. third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

email database

By providing your email address or mobile number and agreeing to receive marketing communications, you agree that your email address, mobile number and any other personal information will be safely stored in our database. We do not share or sell this information with anyone. You can unsubscribe any time by clicking on the unsubscribe link at the bottom of any email.

personal information

Your submission of personal information to us through the website or any other communication is governed by our "privacy policy". by using this website, you agree to our privacy policy. you must not provide to us or make available by the website any images or personal information of another person unless you have their consent.

user comments, feedback and submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

errors, inaccuracies and omissions

Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. no specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

prohibited uses

in addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses. you agree to indemnify, defend and hold harmless hello little birdie and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms of service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

instagram, facebook + email competitions

1. Entry is open to Australian residents only.
2. Promotion commences at the date the competition is first published on our social media feeds and entries close up to seven days later unless otherwise stated.
3. Prizes are not transferable.
4. Winners will be notified via email (for email competitions) or DM (for meta competitions) 
5. Each entrant acknowledges that this promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or instagram. In participating in this promotion entrants are providing information to the Promoter (hello little birdie) and not to Facebook or Instagram. To the extent permitted by law, each entrant releases Facebook and Instagram from any and all liability in relation to this promotion.
6. Entrants confirm and promise that their entry, including their story, is original and does not infringe the intellectual property rights of any third party. Further, entrants agree that ownership of any intellectual property rights in their entry, is assigned to the Promoter without the payment of any further fee or compensation.
7. Entrants acknowledge that the Promoter may use their entry, during the Promotional Period and afterwards, in any manner the Promoter sees fit including to encourage others to enter the competition on Facebook or Instagram.
8. Entrants acknowledge that any use of their entry by the Promoter during the Promotional Period does not constitute endorsement of their entry or guarantee that their entry will be shortlisted or will win a prize.
9. Entrants agree to sign any further documentation required by the Promoter to give effect to this arrangement as a precondition to being awarded their prize. To the extent permitted by law, entrants unconditionally and irrevocably consent to any act or omission that would otherwise infringe any moral rights in their entry. Entrants warrant that they have the full authority to grant these rights.
10. The promoter reserves the right to verify the validity of entries and to disqualify any entrant whom the promoter believes either has tampered with the entry process, or has submitted an entry otherwise than in accordance with these conditions of entry.
11. The Promoter is not responsible or liable for any loss, damage or injury suffered by any winner.
12. The stated prize value is the recommended retail value (including GST) in Australia as provided by the supplier. The promoter accepts no responsibility for any variation in the value of the prize prior to acceptance by the winner. The promoter and its associated agencies and companies accept no responsibility for prizes damaged or lost in transit.
13. Prizes are not transferable and are not redeemable for cash. The judges’ decision is final and binding – no correspondence will be entered into. The Promoter accepts no responsibility for late or misdirected entries or other communications. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches or viruses. If such problems arise, then the Promoter may (where necessary with the approval of the relevant lottery authority) modify, cancel, terminate or suspend the promotion.
14. The Promoter takes no responsibility for any harm, illness, allergic reactions, or injuries caused by the use or consumption of the prize.
15. If any prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize of equal or greater value.

disclaimer of warranties + limitation of liability

To the extent permitted by law, all guarantees, warranties or representations which are not expressly stated in this Agreement are excluded. If Hello Little Birdie is liable for breach of an imposed guarantee or implied warranty or representation, Hello Little Birdies’ liability is, at its option limited to and will not exceed the total price paid of the purchase of the Products, the replacement of the Products or the supply of equivalent products, the repair of the Products or the payment of having the Products replaced or repaired. Hello Little Birdie has provided information on this website as accurately as possible. We take all reasonable care - in so far as it is in our power to do so - to keep the details of your orders and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the site. we do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Hello Little Birdie, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

severability

in the event that any provision of these terms of service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.

termination

the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These terms of service are effective unless and until terminated by either you or us. you may terminate these terms of service at any time by notifying us that you no longer wish to use our services, or when you cease using our site. if in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

entire agreement

the failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision. these terms of service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms of service). any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party. 

governing law

This contract shall be governed by and construed in accordance with the law in effect in the state of New South Wales and by entering into contract both parties are accepting the jurisdiction of the courts of the state of New South Wales in relation to any dispute between them.

changes to terms of service

you can review the most current version of the terms of service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. your continued use of or access to our website or the service following the posting of any changes to these terms of service constitutes acceptance of those changes.

contact information

got questions about our terms of service? Feel free to send them through to us at info@hellolittlebirdie.com.au