HOUSE OF HUMMINGBIRD

Last Updated: 28th June2011

The Terms of Use govern your use of the House of Hummingbird (HOUSE OF HUMMINGBIRD) website (Site), the materials and information contained there in and related services made available to you via this Site. By visiting or shopping at the House of Hummingbird website, you agree to be bound by these Terms of Use, as well as the other policies posted on the House of Hummingbird website. House of Hummingbird may from time to time change this Site (including these Terms of Use). Please read these Terms of Use carefully before using this site and re-read before subsequent use. If you do not agree to any change(s) to the Terms of Use, you must immediately stop using this Site. Any changes made after you have placed an order will not affect that order, unless we are required to make the change by law.

1. General Disclaimer

HOUSE OF HUMMINGBIRD, its representatives and associated agents are not liable to you or any other for any loss in connection with the use of this Site or a linked Website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

2. Exclusion of Liability and Overall Disclaimer

The materials and information provided on this Site and related communications are provided on and "as is" basis. HOUSE OF HUMMINGBIRD assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. Any reference to products or services on this Site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by HOUSE OF HUMMINGBIRD. Subject to any non-excludable provisions in the Trade Practices Act, 1974 (Australia), HOUSE OF HUMMINGBIRD expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Site. HOUSE OF HUMMINGBIRD shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this Site, loss of profits or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if HOUSE OF HUMMINGBIRD is expressly advised of the possibility of such loss or damages.

The Terms of Use are effective until terminated by HOUSE OF HUMMINGBIRD and HOUSE OF HUMMINGBIRD may terminate this agreement and your access to the Site at any time without notice. In the event of termination you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms and Use will still be applicable.

3. Eligibility to Purchase

In order to make purchases through the Site, you will be required to register and provide your personal details. The personal information you use to register must be true, accurate, current and complete in all respects.

Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person or you have consent to use the details referred to in the billing information provided.

The Site is available only to individuals and others who meet the HOUSE OF HUMMINGBIRD terms of eligibility, whose applications are acceptable to HOUSE OF HUMMINGBIRD and who have authorised HOUSE OF HUMMINGBIRD to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. HOUSE OF HUMMINGBIRD reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where HOUSE OF HUMMINGBIRD feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. Please refer to our Privacy Policy for further information about how we use your data.

4. Orders

All orders are subject to acceptance and availability. If you have registered your email address for notification of the arrival of a specific product featured on our Site, you will receive an automated email notification when that specific product becomes available. Please note that you will only receive this email notification once, and on certain occasions, due to your email's security settings, you may not receive this email. To ensure you receive email notifications from HOUSE OF HUMMINGBIRD, please add houseofhummingbird@gmail.com to your address book.

Items in your shopping cart also known as My Shopping cart on this Site, are not reserved and may be purchased by other customers, until you complete checkout. Once you have made your choice and your order has been placed, 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. Unless you cancel your order, acceptance of your order and completion of the contract between you and HOUSE OF HUMMINGBIRD will be completed when your order has been dispatched. The sale contract is therefore concluded in Sydney, Australia and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms of Use.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

5. Payment

Payment can be made by Direct Deposit, PayPal and Visa, MasterCard and Bank Cards and any other methods which may be clearly advertised on the Site from time to time. If you choose to pay by PayPal or Visa, MasterCard and Bank Cards, payment will be debited and cleared from your account during the Checkout process. You confirm that the bank account, PayPal account or credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the PayPal account or credit/debit card to use it. All credit/debit card holders may be subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to HOUSE OF HUMMINGBIRD, we will not be liable for any delay or non-delivery.

Payment for your order must be made immediately after the checkout process. If HOUSE OF HUMMINGBIRD does not receive payment for your order within one business day (for PayPal payments) and two business days (for Direct Deposit payments), HOUSE OF HUMMINGBIRD reserves the right to cancel your order and return the ordered items to stock.

For international orders, HOUSE OF HUMMINGBIRD only accepts payments made in Australian dollars. Customers are responsible for any and all additional fees and charges that their financial institution or PayPal may charge during the financial transaction made to HOUSE OF HUMMINGBIRD for their orders.

We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using PayPal, a secure online payment gateway that encrypts your credit card details in a secure host environment.

Furthermore, HOUSE OF HUMMINGBIRD will take all reasonable care, in so far as it is in our power to do so, to keep the details of your personal information, order 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.

6. Delivery

HOUSE OF HUMMINGBIRD uses Australia Post for shipment of all orders. If your order is lost or arrives in a damaged condition, HOUSE OF HUMMINGBIRD will take all reasonable measures in recovering your lost goods or replacing damaged goods from Australia Post. If we are unable to recover lost goods or replace damaged goods from Australia Post, HOUSE OF HUMMINGBIRD will not be held responsible or liable for these goods. As such, HOUSE OF HUMMINGBIRD recommends choosing Registered Post for all your orders. In the case of lost orders, if your order does not arrive within 14 days of placing your order, please contact HOUSE OF HUMMINGBIRD immediately.

HOUSE OF HUMMINGBIRD aims to dispatch all orders within one business day of receiving the order. Estimated delivery times provided on this Site are to be used as a guide only and commence from the date of dispatch. HOUSE OF HUMMINGBIRD will not be responsible for any delays on non-delivery once your order is dispatched by HOUSE OF HUMMINGBIRD.

Any shipping quotes or charges provided by HOUSE OF HUMMINGBIRD for international orders do not include your local sales taxes or import duties, which may be charged to your order upon entry to your country. Please contact your local customs office for further information.

7.Privacy Policy

It is your responsibility to read and familiarise yourself with the HOUSE OF HUMMINGBIRD Privacy Policy. To do this, please click on the Privacy Policy link at the bottom of the Home page. You must not use this site if you are under the age of 18 without the consent of your parent or guardian, who must read and agree to the HOUSE OF HUMMINGBIRD Privacy Policy and Terms of Use.

You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect HOUSE OF HUMMINGBIRD or its users.

You should not send any information or material that you consider to be confidential or proprietary, to HOUSE OF HUMMINGBIRD or any other person, through this Site. Any information or material sent to HOUSE OF HUMMINGBIRD at, or through this Site, is deemed to be not confidential. You are deemed to grant to HOUSE OF HUMMINGBIRD an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this Site. HOUSE OF HUMMINGBIRD is free to use any ideas, concepts, know-how or techniques that you send to or through this Site, for any purpose.