Last updated: 13 August 2018
By using our website (located at www.backyardchickencoops.com.au and related URLs (Website)) and our services, including making a purchase through our Website and use of our contact form (collectively, the Services), you agree to be legally bound by these Terms and Conditions (Terms).
By agreeing to these Terms, you are entering into an agreement with Kros Holdings Pty Ltd (ACN 138 591 625) trading as Backyard Chicken Coops, including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Backyard Chicken Coops or we or us), and agree to comply with any and all applicable laws and regulations, whether domestic or international.
By accessing or using our Services, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
You agree that you are responsible for your access to our Website and for ensuring that any persons that may access the Website through your internet connection are aware of and compliant with, these Terms.
You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in Australia, in your State/Country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.
2. Orders and cancellations
You agree that any purchase of goods and services from our Website (Goods) is subject to these Terms.
An order is accepted upon the latter of the following to occur:
- you have submitted your order;
- you have paid the purchase price in full, including any taxes, duties and shipping costs; and
- we have issued an order confirmation.
By placing an order via our Services, you are making an offer to purchase those Goods for the price (including the delivery and other charges and taxes) specified at the time that you place your order.
Backyard Chicken Coops reserves the right to:
- accept or reject your order or a part of your order for any reason, including, without limitation, the unavailability of any goods, limitations on quantities available for purchase, inaccuracies or errors in goods or pricing information, where fraud is suspected, or where there is an error in your order;
- request identification from you, including photo ID or any other such documentation for verification purposes before we process your order;
- cancel an order at any time, for any reason; or
- restrict the quantity or total value of goods available for purchase to each person or address.
Where we exercise the rights above, we will notify you by email and suggest an alternative goods, remove an item from an order or provide a refund of the purchase price where applicable and Backyard Chicken Coops shall not be liable for any loss or damage whatsoever arising from such acts.
Please note that you cannot cancel or amend an order once it has been placed (except as required Australian Consumer Law).
In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by Backyard Chicken Coops as a direct result of the cancellation (including, but not limited to, any loss of profits).
Images of Goods
Whilst we have made every attempt to show textures, appearances and colours of our goods as accurately as possible on our Website, product images may vary from the delivered Goods depending on your monitor, settings and computer equipment. Unless otherwise stated, any additional goods and accessories styled or shown in a goods image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the goods title and description before purchasing anything from our Website.
Availability of Goods
All orders are made subject to availability. Whilst we use our best efforts to ensure that goods are available for delivery, there may be some circumstances where goods are unavailable.
Where we cannot fulfil your order, or a part of your order, we will notify you within a reasonable time after you complete your order. Please note that we may need to reject your order or reject part of your order on this basis.
If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable goods. Alternatively, we may contact you to advise you of a delay in restocking a particular good and a delay in delivery of your order. In this case, you may elect to proceed with your order on the basis of a delayed delivery date, cancel your order or select an alternative good. If you do not vary or cancel your order within 1 business day of notification, you are deemed to have accepted the delay.
We reserve the right to limit the sale of goods to reasonable or normal household quantities.
- Product recalls and bans
- If any Goods are subject to a product recall or ban, you agree to follow any reasonable instructions provided by us regarding return or destruction of such Goods and you consent to us contacting you and you agree to inform any end-user of the Goods, including any gift recipient, of any product recall applicable to such Goods.
3. Prices and payment
We reserve the right to vary, amend, add or remove payment methods, prices or goods offered in the Services from time to time in our sole discretion as we see fit, without notice. Such changes will not affect orders submitted before the change was made.
Unless specified otherwise, prices displayed on our Website are shown in Australian dollars (AUD) and are inclusive of GST. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out.
Prices of goods, as well as delivery and any other charges displayed on our Website are current at the time of issue, but may change at any time and are subject to availability.
You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you in the Services. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.
Where a purchase is made on our Website, full payment of the purchase is required at the time of placing your order, including the purchase price plus any delivery fees and applicable duties and taxes. Payment is charged/debited at the end of the complete check-out process. We will not accept any orders which have not been paid for in full.
Payment may be made by the methods approved by Backyard Chicken Coops. Please see our Payment Options page for more details about the types of payment we accept and any relevant fees or surcharges.
You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.
4. Returns and refunds
Returns, refunds and defective Goods will be handled in accordance with our Returns Policy.
5. Delivery and shipping
Shipping and delivery will be handled in accordance with our Shipping Policy.
Delivery of the Goods (Delivery) is taken to occur at the time that:
- you, or your nominated carrier takes possession of the Goods at the Backyard Chicken Coop’s address; or
- Backyard Chicken Coops (or Backyard Chicken Coop’s nominated carrier) delivers the Goods to your nominated address, even if you are not present at the address.
You must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that you are unable to take delivery of the Goods as arranged, then Backyard Chicken Coops shall be entitled to charge a reasonable fee for redelivery and/or storage.
You acknowledge and agree that you must notify Backyard Chicken Coops if Delivery has not occurred within 7 days of the estimated delivery date.
Any delivery date or time specified by us is an estimate only and you agree that you will still accept delivery of the Goods even if they are delivered on a different date or time. To the maximum extent permitted by law, Backyard Chicken Coops will not be held liable for any loss or damage suffered as a result of any delay in delivery.
However, if the Goods are not delivered within a reasonable time after the estimated date, please contact us.
6. Risk and title
If you or your freight company are collecting the Goods from us, risk of damage to or loss of the Goods and the collection passes to you on and you must insure the Goods on or before Delivery. If we are arranging delivery of the Goods, then risk and title of the Goods passes to you upon Delivery.
7. Promotions and discounts
Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer. For example, a ‘$40 Discount’ coupon cannot be used during a ‘10% Off’ Sale.
Backyard Chicken Coops reserves the right to:
- terminate, modify or extend any promotional offer at any time, without notice; or
- cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.8.
Without prejudice to any other remedies, Backyard Chicken Coops may:
- cancel all or any part of any order or suspend or terminate the supply of Goods to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Terms; or
- terminate these Terms and the Services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any orders placed prior to the date of termination, at our election.
If we cancel an order and you are not in breach of these Terms we will issue you with a full refund of the purchase price of any Goods paid for but not supplied. To the maximum extent permitted by law, Backyard Chicken Coops will not be liable to you for any further loss or damage you suffer because Backyard Chicken Coops has exercised its rights under this clause or these Terms.
9. Intellectual Property
All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Services and Website are owned by, or licensed to Backyard Chicken Coops, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.
You may access and use the information provided by Backyard Chicken Coops on this Website, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Backyard Chicken Coops.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Backyard Chicken Coops’ intellectual property rights, whether by estoppel, implication or otherwise. Backyard Chicken Coops reserves all rights not expressly granted in the Services.
10. Unauthorised access and malicious materials
You must not attempt to, or actually gain, unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You agree that you will not cause harm to our Website or Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Website, Services or other users of our Services.
To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Website as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.
11. Third Parties
Our Services may, from time to time, contain links to and from Websites which are owned or operated by other parties. Links on the Website to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing. Third party Websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party Websites.
12. Limitation of Liability
To the maximum extent permitted by law, neither Backyard Chicken Coops, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:
- any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
- any, use of the information on or access to Services including if for any reason our Website is unavailable at any time or for any period;
- any errors in, or omissions from, the information contained on this Website;
- any goods or services supplied by Backyard Chicken Coops; or
- these Terms or any breach of these Terms.
You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.
To the maximum extent permitted by law, Backyard Chicken Coop’s liability under these Terms shall be limited to any one or more of the following:
- the replacement of the Goods or re-supply of equivalent goods or services;
- the repair of such Goods or services;
- the payment of the cost of replacing the Goods or services or of acquiring equivalent goods or services or a refund of the purchase price; or
- the payment of the cost of having the Goods repaired.
To the extent permitted by law, Backyard Chicken Coops expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
This clause survives termination of these Terms.
13. Disclaimer of Warranty
Backyard Chicken Coops provides this Website and its contents on an “as is” basis and use of this information is at your own risk. While we aim to update our Website regularly, neither Backyard Chicken Coops, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website.
We reserve the right to restrict access to parts of our Website or the entire Website, change or withdraw any goods, information or content featured on this Website or provided through our Services without notice. You acknowledge and agree that we retain complete editorial control over our Website and may alter, amend or cease the operation of the Website at any time in our sole discretion.
14. Release and Indemnity
You agree to release and indemnify and hold Backyard Chicken Coops and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of goods or services purchased from the Backyard Chicken Coops, your use or access of the Website and Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
This clause survives termination of these Terms.
15. Amendments and correction of errors
Backyard Chicken Coops reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to orders places prior to the publication of any varied terms.
Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on our Website, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.
Backyard Chicken Coops reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and goods, at any time without notice to you.
Waiver: Any failure or delay by Backyard Chicken Coops in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Backyard Chicken Coops from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.
Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Backyard Chicken Coops will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.
Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Backyard Chicken Coops and you or any other party unless expressly stated otherwise.
Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.
Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Goods, comply with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.