Hummingbird Boutique Terms and Conditions

1. General

This website is owned and operated by Hummingbird Boutique (ABN 52601239174). We recommend that you read these terms and conditions carefully because when making your purchase through our online store you are taken to have read and agree with them. These terms and conditions may be updated from time to time. The most current version will be displayed here and we will notify our subscribers of any changes by way of email.

2. Pricing and Payment

Prices are displayed in Australian Dollars and may change at any time. Our advertised prices exclude GST and shipping costs will be added to the cost of your purchase at the checkout. To secure your purchase, payment must be made at the checkout through PayPal. PayPal’s technology is separate from Hummingbird Boutique and we are not responsible for any technical issues that arise with PayPal. Once you leave our website, you are subject to PayPals terms and conditions so we recommend that you read them and PayPal’s privacy policy for more information.

3. Purchasing through our website

Colours are indicative only and may appear differently due to the resolution of individual monitors, computers or devices or due to lighting variations. Products purchased through the Site will have the same pattern as displayed however, the placement of where the pattern is positioned on the product may vary between items.

By placing an order through our online store you are representing that you are over the age of 18 years old, or have parental/guardian consent to make your purchase and that you have the necessary authority to make payment. Hummingbird Boutique will not be responsible for any unauthorised purchases.

We use reasonable endeavours to have advertised stock on hand at all times, however delivery times from the manufacturers may vary. If you purchase a product which is not readily available, we will contact you and offer you a place on our waiting list, or a refund. If we can no longer obtain a product that you ordered we will give you a refund.

Our products are only available on-line for personal use only and are not available for on-sale.

4. Changing or Cancelling your Order

Choose your products carefully and we encourage you to contact us if you have any queries. If you wish to change your order, you should contact us as soon as possible.

5. Shipping and Delivery

We offer a fixed express shipping rate of $10 and free shipping is available when more than $80 is spent. The shipping rate will be added to the cost of the goods at the checkout. Hummingbird Boutique will endeavour to ship your products within 2 business days of receiving your payment. Please review your order carefully as we will not be held responsible for incorrect addresses which result in lost mail. We do not take responsibility for lost or incorrect deliveries, unless we are at fault. We are also not responsible for delays outside our control relating to shipping and delivery, for example, weather delays, holiday/seasonal delays, customs issues, industrial action, acts of God etc.

6. Refunds and Returns

We will refund your purchase or replace your products in accordance with the Competition and Consumer Act 2011 (“the Consumer Law”). We will not provide a refund in the following circumstances:

  • If you find the goods advertised elsewhere at a lower price; and
  • Where delivery is not made due to incorrect delivery information provided by you.

To request a refund or exchange please contact us by returns@hummingbirdboutique.com.au. We may ask for you to send confirmation of your claim such as photographs of the item. We will then make arrangements in accordance with our obligations under the Consumer Law. Where it is agreed that you should return the items to us, the goods must be sent by registered post and we will reimburse you for the cost of doing so.

We accept refunds for a change of mind, if you contact us within 14 days of the date of purchase, however we do not refund postage expenses, and you will need to pay the cost of returning the goods to us.

7. Intellectual Property Rights

Hummingbird Boutique retains all of the rights to all intellectual property, registered and unregistered contained on this website. We welcome your visit, however using our site does not grant you any rights in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to the site. Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting of the above listed Site Content, or any other Site Content, in whole or in part, for any purpose without our express consent is prohibited.

8. Limitation of liability

We will endeavour to ensure that our web site is kept up to date, but the information contained on our website is provided on an “as is” basis. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable for any interruption of business, access delays or interruptions to the site, data issues or computer viruses, systems failures or malfunctions or other loss or damage that might arise from your use of our site.

9. Applicable Law

This agreement is governed by the laws of Victoria, Australia.