Terms of service
BIRD PURCHASE TERMS & CONDITIONSBaby Beaks | Hand-Raised Birds IMPORTANT INFORMATIONThese Terms & Conditions (“Terms”) apply to the reservation, purchase, collection, handover and, where applicable, transport of birds supplied by Baby Beaks (“Baby Beaks”, “we”, “us” or “our”). The person purchasing or reserving the bird is referred to as the “Purchaser” or “you”. By placing a deposit, completing a purchase or otherwise expressly accepting these Terms after being provided with them, the Purchaser agrees to be bound by them. These Terms should be read in conjunction with any invoice, order confirmation, written care information or other terms expressly incorporated into the transaction. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law (ACL) or any other applicable legislation. 1. RESERVATIONS AND DEPOSITSA bird is not considered reserved until Baby Beaks has received the required deposit or other agreed payment and the reservation has been confirmed. Unless otherwise agreed in writing, the deposit forms part of the total purchase price. Where a Purchaser changes their mind, cancels their reservation or is otherwise unable to proceed for reasons unrelated to a failure by Baby Beaks to comply with applicable law, any cancellation or retention of money will be dealt with in accordance with the agreed reservation terms and applicable law. Where the transaction constitutes a lay-by agreement for the purposes of the Australian Consumer Law, the statutory requirements applying to lay-by agreements, including termination fees and refunds, will apply. Nothing in this section limits any right the Purchaser may have to a refund or other remedy under the ACL. 2. PURCHASE PRICE AND OUTSTANDING BALANCEThe Purchaser is responsible for ensuring that the full agreed purchase price and any agreed additional charges are paid when due. Unless otherwise agreed in writing, all outstanding amounts must be paid before the bird is released. Optional additional expenses may include, where applicable:
Baby Beaks will disclose applicable charges before they are incurred wherever reasonably practicable. 3. WEANING AND ESTIMATED READY DATESAny estimated weaning, collection or ready date provided by Baby Beaks is an estimate only. Birds develop and wean at different rates. Baby Beaks will not intentionally rush or force-wean a baby bird solely to meet a requested collection date. The welfare and developmental readiness of the bird will take priority over an estimated collection date. Baby Beaks may reasonably postpone handover where we consider additional time is necessary for the bird's welfare, development, feeding stability or readiness. Any statutory rights relating to unreasonable delay remain unaffected. 4. HEALTH AT HANDOVERBaby Beaks takes reasonable steps to ensure birds are appropriately cared for and are suitable for handover at the time they leave our care. Purchasers are encouraged to observe their bird at collection and raise any immediate concern before leaving. Birds are living animals and may temporarily experience stress or behavioural changes following:
The existence of temporary settling behaviour does not, by itself, establish that a bird was unhealthy when supplied. 5. DNA SEXINGWhere DNA sexing is advertised as included or otherwise agreed, Baby Beaks will arrange standard DNA sexing. DNA sexing is separate from disease testing. Baby Beaks relies upon the result supplied by the relevant testing laboratory and does not independently conduct laboratory testing. If a laboratory error is reasonably suspected, the matter will be dealt with according to the circumstances and applicable law. 6. OPTIONAL AVP AND PBFD/BFDV TESTING BEFORE HANDOVERAt the Purchaser's request, Baby Beaks can arrange testing for Avian Polyomavirus (AVP) and Beak and Feather Disease Virus (BFDV/PBFD) through the nominated laboratory used by Baby Beaks. Unless expressly stated otherwise, the cost of optional purchaser-requested disease testing is payable by the Purchaser. The approximate price will be disclosed when testing is requested and may change according to laboratory, veterinary, postage, collection or handling costs. The Purchaser acknowledges that laboratory testing:
Where a bird returns a positive AVP or BFDV result before handover, Baby Beaks will notify the Purchaser and will not knowingly proceed with ordinary handover while the result is being addressed. Depending on the circumstances, further veterinary advice or confirmatory testing may be recommended. Any refund, replacement or other remedy will be determined according to the circumstances, the agreed testing costs and applicable law. Nothing in this clause limits rights available under the ACL. 7. THE FIRST 48 HOURS AFTER HANDOVERBirds can hide signs of illness and may deteriorate rapidly. Accordingly, if a Purchaser notices concerning signs during the first 48 hours following handover, we ask that the Purchaser: 1. Contact Baby Beaks promptly. 2. Seek appropriate veterinary care. 3. Do not delay urgent treatment. 4. Obtain veterinary documentation. 5. Preserve relevant information. 6. Protect other birds. IMPORTANTThe 48-hour period is an early notification and investigation procedure only. It is not a 48-hour warranty and is not a cut-off for statutory consumer rights. Consumer guarantees under Australian law cannot be reduced to a 48-hour period by these Terms. 8. VETERINARY EVIDENCE AND HEALTH CLAIMSWhere it is alleged that Baby Beaks supplied a bird with an illness, disease or pre-existing medical condition, Baby Beaks may reasonably request appropriate veterinary evidence to investigate the allegation. Depending upon the circumstances, this may include:
Where reasonably relevant, Baby Beaks may also ask questions regarding the bird's:
Requests for evidence are intended to allow the circumstances to be properly investigated and do not remove or restrict the Purchaser's statutory rights. 9. PURCHASER RESPONSIBILITIES AFTER HANDOVERFollowing handover, the Purchaser assumes responsibility for the bird's day-to-day care and environment. The Purchaser is responsible for providing appropriate:
Purchasers should follow the transition and care information supplied by Baby Beaks and seek qualified avian veterinary advice whenever necessary. 10. DIET AND TRANSITION TO THE NEW HOMEA sudden change in food or feeding routine may adversely affect a young bird. Purchasers should initially continue an appropriate diet consistent with the information supplied by Baby Beaks and introduce dietary changes gradually and appropriately. The Purchaser is responsible for monitoring that the bird continues to eat and drink adequately following relocation. Any significant reduction in food intake, abnormal droppings, lethargy, breathing difficulty, persistent vomiting/regurgitation, inability to perch or other concerning symptom should be taken seriously and appropriate veterinary advice obtained promptly. 11. QUARANTINE AND EXISTING BIRDSBaby Beaks strongly recommends appropriate quarantine when introducing a new bird into a household containing other birds. Baby Beaks cannot control or verify the disease status, husbandry, hygiene or previous exposure of birds or animals already present in the Purchaser's environment. The Purchaser is responsible for obtaining veterinary advice regarding appropriate quarantine, testing and introduction procedures. Failure to quarantine may make it difficult to determine the origin or timing of an infectious condition where multiple birds have been exposed to one another. 12. ILLNESS, INJURY OR EXPOSURE AFTER HANDOVERBaby Beaks is not responsible for illness, injury or loss demonstrated to have resulted from circumstances occurring after handover and unrelated to the bird's condition when supplied, including:
Nothing in this provision excludes liability where Baby Beaks is legally responsible or restricts a non-excludable statutory right. 13. BEHAVIOUR, TAMENESS AND PERSONALITYBaby Beaks invests substantial time into hand-feeding, handling and socialising our hand-raised babies. However, birds are living, intelligent animals with individual personalities. Baby Beaks cannot guarantee a bird's lifelong:
Moving homes can temporarily cause nervousness, avoidance, calling, flightiness, nipping or changes in confidence. Behaviour can also change with:
Baby Beaks provides the foundation. Continued appropriate handling, positive reinforcement, training and socialisation after handover are the responsibility of the Purchaser. 14. COLOUR, MUTATION, APPEARANCE AND DEVELOPMENTWhere a young bird's eventual adult colour, markings or appearance are still developing, any prediction is based upon the information reasonably available at the time. Unless specifically guaranteed in writing, Baby Beaks does not guarantee the precise eventual appearance, shade, markings, adult size or other developmental characteristics of a juvenile bird. This does not affect any guarantee applying to a bird specifically sold by an objectively stated description. 15. CHANGE OF MINDBaby Beaks does not generally provide refunds or exchanges merely because:
This policy does not apply where the Purchaser has a statutory entitlement to a refund, replacement or other remedy. 16. COLLECTIONBaby Beaks will notify the Purchaser when their bird is ready for collection. Unless otherwise agreed, collection should occur within 7 days of notification. If the Purchaser cannot collect within that period, they must contact Baby Beaks as soon as possible. Where Baby Beaks agrees to continue caring for a bird beyond the agreed collection period, a reasonable boarding charge may apply if that charge has been disclosed and agreed. If a Purchaser repeatedly fails to arrange collection or ceases communicating with Baby Beaks, we may provide written notice requiring the Purchaser to contact us and arrange collection within a reasonable further period. Any subsequent cancellation, rehoming or treatment of money already paid will be handled in accordance with these Terms and applicable law. A bird will not automatically be treated as abandoned merely because seven days have passed. 17. FREIGHT AND THIRD-PARTY TRANSPORTWhere freight or third-party animal transport is requested, the parties will confirm who is responsible for booking the service and paying applicable charges. Baby Beaks may assist with coordination but does not control an independent carrier. Baby Beaks is not responsible for a carrier's independent acts or omissions, delays, cancellations or handling outside Baby Beaks' reasonable control, except where Baby Beaks is legally responsible. Transport inherently involves some degree of environmental change and stress. A veterinary fitness-to-travel consultation may be arranged at the Purchaser's expense where requested or reasonably required. Nothing in this clause limits liability that cannot lawfully be excluded. 18. DELAYS OR EVENTS OUTSIDE REASONABLE CONTROLOccasionally circumstances outside Baby Beaks' reasonable control may affect an expected handover date. These may include veterinary advice, laboratory delays, extreme weather, transport disruption, emergency animal-welfare circumstances or other unforeseen events. Baby Beaks will communicate material delays where reasonably practicable. This provision does not permit Baby Beaks to indefinitely delay performance and does not affect statutory rights where goods are not supplied within a reasonable or agreed time. 19. DEATH OR SERIOUS ILLNESS BEFORE HANDOVERIf a reserved bird dies, becomes seriously ill or is otherwise unsuitable for handover before the Purchaser takes possession, Baby Beaks will notify the Purchaser as soon as reasonably practicable. The available options will depend upon the circumstances and applicable law and may include a refund, transfer to another suitable available bird where the Purchaser agrees, or another lawful remedy. A Purchaser will not be forced to accept a substitute bird. 20. SURRENDER OR RETURN AFTER PURCHASEBaby Beaks asks Purchasers to contact us if they can no longer appropriately care for a bird purchased from us. Where reasonably possible, Baby Beaks may discuss surrender, assistance or rehoming options. Unless required by law or separately agreed in writing, voluntary surrender of a bird because the Purchaser can no longer care for it does not automatically entitle the Purchaser to a refund, reimbursement or payment. This clause does not apply where the Purchaser is exercising a statutory right arising from a failure to comply with a consumer guarantee. 21. RESALE AND RESPONSIBLE REHOMINGIf a Purchaser later needs to rehome their bird, Baby Beaks strongly encourages the Purchaser to contact us first so we may assist where appropriate. Nothing in these Terms is intended to unlawfully restrict the Purchaser's ownership rights after lawful purchase. However, Baby Beaks asks that all rehoming decisions prioritise the bird's welfare and comply with applicable animal-welfare and other laws. 22. RIGHT TO REFUSE OR CANCEL A SALE BEFORE HANDOVERBaby Beaks takes the welfare of its birds seriously. Before handover, Baby Beaks may decline or discontinue a proposed sale where there are reasonable animal-welfare, safety, legal or genuine business grounds for doing so. Examples may include reasonable concerns regarding:
Where Baby Beaks cancels a sale before handover, money paid will be dealt with according to the circumstances and applicable law. This provision is not intended to permit unlawful discrimination or arbitrary cancellation. 23. CUSTOMER CONDUCT, HARASSMENT AND SAFETYBaby Beaks welcomes genuine questions, concerns and complaints. However, customers and other persons interacting with Baby Beaks must not engage in unlawful conduct toward Baby Beaks, its owner, staff, family members, contractors or representatives. This includes conduct amounting to unlawful:
Baby Beaks may restrict non-essential communications, refuse future discretionary services, preserve evidence, block accounts where appropriate, report conduct to a platform, seek legal advice or contact relevant authorities where reasonably necessary. Nothing in this clause prevents a person from making a legitimate complaint, communicating reasonably about a dispute, obtaining legal advice, contacting a regulator or exercising a legal right. 24. REVIEWS, PUBLIC STATEMENTS AND SERIOUS ALLEGATIONSBaby Beaks supports a customer's right to provide honest feedback and genuinely held opinions about their experience. Customers are encouraged to contact Baby Beaks directly where a concern arises so that we have a reasonable opportunity to investigate and, where possible, assist. Where a person publicly alleges as a matter of fact that Baby Beaks has supplied a sick, diseased or unhealthy bird or engaged in other serious wrongdoing, Baby Beaks may reasonably request evidence supporting that allegation. Depending upon the allegation, relevant evidence may include:
A person's inability to provide evidence does not automatically mean that their statement is unlawful. However, Baby Beaks reserves the right to lawfully respond to, dispute or seek correction of statements we reasonably consider false or misleading. Where appropriate, Baby Beaks may:
Where defamation law is applicable, Baby Beaks may use the procedures available under Queensland law, including the concerns-notice process where applicable. Nothing in these Terms prevents or discourages any person from:
This clause is intended to protect both legitimate consumer expression and Baby Beaks against unlawful conduct. 25. SOCIAL MEDIA AND COMMUNICATION RECORDSBaby Beaks may retain lawful business records relating to transactions and disputes, including relevant emails, messages, invoices, veterinary documents, photographs, order information and other communications. Such records may be used where reasonably necessary for:
Any handling of personal information remains subject to applicable privacy law. 26. PHOTOGRAPHS AND WEBSITE INFORMATIONPhotographs of birds advertised by Baby Beaks are intended to accurately represent the relevant bird at the time the photograph was taken. However, lighting, screens, photography and natural development may affect the appearance of colour. Website and social-media information may be updated from time to time. The specific terms and representations forming part of an individual Purchaser's transaction remain subject to applicable law and cannot retrospectively be altered merely by changing the website. 27. INTELLECTUAL PROPERTYUnless otherwise stated, original Baby Beaks branding, logos, written materials, photographs, graphics and other original business content remain the intellectual property of Baby Beaks or the relevant rights holder. They must not be copied, reproduced, falsely attributed, commercially exploited or used in a manner infringing applicable intellectual-property rights without appropriate permission. Nothing in this provision prevents uses permitted by law. 28. LIMITATION OF LIABILITYTo the maximum extent permitted by law, Baby Beaks is not liable for loss caused solely by matters outside its reasonable control or by acts or omissions occurring after handover for which Baby Beaks is not legally responsible. Nothing in these Terms excludes, restricts or modifies:
Where the law permits liability to be limited, any limitation operates only to the extent permitted by that law. 29. AUSTRALIAN CONSUMER LAWThe Australian Consumer Law provides consumers with guarantees that apply automatically to qualifying transactions. These rights cannot be removed merely by describing a sale as:
Accordingly, every refund, replacement, health, testing, notification, liability and evidence provision in these Terms must be read subject to the Australian Consumer Law. Where a consumer guarantee has not been complied with, the remedy available will depend upon the circumstances and applicable law, including whether the failure is major or minor. 30. COMPLAINTS AND DISPUTE RESOLUTIONIf a Purchaser has a concern, we strongly encourage them to contact Baby Beaks promptly with:
Baby Beaks will endeavour to consider genuine complaints reasonably and in good faith. Nothing in this process requires a Purchaser to give up their right to obtain independent advice, seek veterinary treatment, contact a consumer regulator or pursue a remedy available under law. 31. ENTIRE AGREEMENT AND WRITTEN VARIATIONSThese Terms, together with the relevant order confirmation, invoice and any other terms expressly incorporated into the transaction, record the agreement between the parties concerning the matters they cover. Any material variation should be confirmed in writing. Nothing in this clause excludes liability for representations that cannot lawfully be excluded or prevents a Purchaser from relying upon rights available under the ACL. 32. SEVERABILITYIf any provision of these Terms is found to be unlawful, void or unenforceable, that provision is to be read down to the extent legally possible. If it cannot lawfully be read down, it may be severed without affecting the remaining provisions, to the extent permitted by law. 33. NO WAIVERA failure or delay by Baby Beaks to exercise a contractual right does not necessarily constitute a waiver of that right. This provision does not affect any right or remedy available to the Purchaser under applicable law. 34. GOVERNING LAWThese Terms are governed by the laws applicable in Queensland, Australia. The parties submit to the jurisdiction of courts and tribunals competent to hear disputes arising in Queensland, subject to any statutory jurisdictional rights that cannot lawfully be excluded. 35. ACCEPTANCE OF TERMSThese Terms must be made reasonably available to the Purchaser before they are accepted. Acceptance may occur through an appropriate affirmative method, including:
Where a deposit or payment is intended to constitute acceptance, the Purchaser should be clearly informed of that fact and given access to these Terms before payment is made. Baby Beaks recommends retaining an electronic record showing:
Nothing in this provision treats silence alone as acceptance or overrides statutory consumer rights.
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