Terms & Conditions
Overview
Welcome to Stunned Emu Designs by Wendy Binks. The terms "we", "us" and "our" refer to Stunned Emu Designs by Wendy Binks. We operate this store and website, including all related information, content, features, tools, products and services, to give you, the customer, a curated shopping experience (the "Services").
Our store is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced here (these "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully – they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you don't agree, you shouldn't use or access our Services.
1. Access and account
By agreeing to these Terms, you confirm that you're at least the age of majority in your state or territory of residence, and that you've given us your consent to allow any minor dependents to use the Services on devices you own, purchase or manage.
To use the Services – including browsing our online store or buying any of our products – you may be asked to provide certain information, such as your email address, billing, payment and shipping details. You confirm that all information you provide is correct, current and complete, and that you have all rights necessary to provide it.
You're responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell, assign or license your account to anyone else.
2. Our products
We've made every effort to represent our products accurately online. Please note that colours and product appearance may differ from how they look on your screen, depending on your device and its settings.
All product descriptions are subject to change at any time, at our discretion. We may discontinue any product at any time, and may limit the quantities of any product we offer to any person, region or jurisdiction on a case-by-case basis.
3. Orders
When you place an order, you're making an offer to purchase. We may accept or decline your order at our discretion, and your order isn't accepted until we confirm acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellations once an order is accepted. If we don't accept, change or cancel an order, we'll try to let you know using the email, billing address or phone number you provided.
Your purchases are subject to return or exchange in accordance with our Refund & Returns Policy.
You confirm that your purchases are for your own personal or household use and not for commercial resale or export. (Stocking Wendy's range in your shop? That's wholesale – get in touch at info@wendybinks.com.au.)
4. Prices and billing
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect when you place your order, as set out in your order confirmation email. Unless stated otherwise, posted prices include GST but don't include shipping, handling or any customs or import charges.
Prices online may differ from prices in physical stores or third-party stores. From time to time we may run promotions governed by their own terms. If those terms conflict with these Terms, the promotion terms apply.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases, and to keep it up to date so we can complete your transactions and contact you when needed.
You confirm that the payment information you provide is true, correct and complete, that you're authorised to use the payment method, and that you'll pay all charges incurred at the posted prices, including shipping and any applicable taxes.
5. Shipping and delivery
Delivery times are estimates only and aren't guaranteed. We're not responsible for delays caused by shipping carriers, customs processing or events outside our control. Once we hand products to the carrier, title and risk of loss pass to you. For shipping timeframes, costs and tracking, see our Shipping Information page.
6. Intellectual property
Our Services – including all trademarks, brands, text, displays, images, graphics, reviews, video and audio, and the design, selection and arrangement of them – are owned by Stunned Emu Designs by Wendy Binks, its affiliates or licensors, and are protected by Australian and international intellectual property laws.
Every piece of Wendy's artwork is her copyright, and her livelihood. These Terms let you use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any of the material on the Services without our prior written consent. Except as expressly set out here, nothing in these Terms grants you any licence or rights under any copyright, trademark or other intellectual property of Stunned Emu Designs by Wendy Binks, Shopify or any third party. All rights not expressly granted are reserved.
Stunned Emu Designs by Wendy Binks' names, logos, product and service names, designs and slogans are our trademarks. You must not use them without our prior written permission. Shopify's trademarks belong to Shopify, and all other trademarks on the Services belong to their respective owners.
7. Optional tools
You may be given access to third-party tools as part of the Services, which we neither monitor nor control. We provide access to these tools "as is" and "as available", without warranties of any kind and without endorsement, and we have no liability arising from your use of them. Any use of these optional tools is at your own risk, and you should make sure you're familiar with and approve of the relevant third party's terms. We may offer new features through the Services in future, which will also be subject to these Terms.
8. Third-party links
The Services may contain links to websites operated by third parties. We're not responsible for examining or evaluating their content or accuracy, and we're not liable for any harm related to your use of third-party websites or your purchase or use of anything on them. Please review the third party's policies carefully before you engage in any transaction, and direct any concerns about their products or services to them.
9. Relationship with Shopify
Our store is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with Stunned Emu Designs by Wendy Binks. You acknowledge that Shopify isn't responsible for any aspect of the sales between you and us, including any injury, damage or loss resulting from products or services purchased. You release Shopify and its affiliates from all claims, damages and liabilities arising from your purchases and transactions with us.
10. Privacy
All personal information we collect through the Services is subject to our Privacy Policy, and certain information may also be subject to Shopify's privacy policy. By using the Services, you acknowledge that you've read these policies. Because the Services are hosted by Shopify, Shopify collects and processes information about your use of the Services in order to provide and improve them, and your information may be shared with Shopify and third parties that may be located in other countries. See our Privacy Policy for details.
11. Feedback
If you submit any ideas, suggestions, feedback, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use.
You confirm that: (i) you own or have all necessary rights to your Feedback; (ii) you've disclosed any compensation or incentives received in connection with it; and (iii) it complies with these Terms. We're under no obligation to keep Feedback confidential, to pay for it, or to respond to it.
We may (but don't have to) monitor, edit or remove Feedback we consider unlawful, offensive, defamatory, obscene or otherwise objectionable, or that infringes anyone's rights. Your Feedback must not violate any third party's rights, contain anything unlawful, abusive or obscene, or contain any virus or malware. You must not use a false email address or misrepresent who you are. You're solely responsible for any Feedback you make and its accuracy.
12. Errors, inaccuracies and omissions
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors and to change or update information, or cancel orders, if any information is inaccurate at any time without prior notice (including after you've submitted your order).
13. Prohibited uses
You may use the Services for lawful purposes only. You must not use the Services: (a) for any unlawful or malicious purpose; (b) to breach any applicable Commonwealth, state, territory or local laws; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, defame, intimidate or harm any person; (e) to transmit false or misleading information; (f) to send any unsolicited advertising or "spam"; (g) to impersonate any person or entity; or (h) to interfere with anyone's use or enjoyment of the Services.
You also agree not to: (a) upload viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track others' personal information; (d) spam, phish, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website. We may suspend, disable or terminate your account at any time if we determine you've breached any part of these Terms.
14. Your rights under the Australian Consumer Law
Our products come with guarantees that can't be excluded under the Australian Consumer Law. For a major failure with a product, you're entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage. You're also entitled to have a product repaired or replaced if it isn't of acceptable quality and the failure doesn't amount to a major failure.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that can't lawfully be excluded. Where we're allowed to limit our liability for breaching a non-excludable guarantee, our liability is limited (at our option) to replacing the goods, supplying equivalent goods, or paying the cost of doing so.
See our Refund & Returns Policy for how this works in practice.
15. Disclaimer of warranties
Subject to Section 14 and to the fullest extent permitted by law, the information presented through the Services is provided for general information only. We don't warrant the accuracy, completeness or usefulness of this information, and any reliance you place on it is at your own risk.
Except as expressly stated by us, and subject to your rights under the Australian Consumer Law, the Services and all products offered through the Services are provided "as is" and "as available" without any representation, warranties or conditions of any kind, either express or implied. We don't guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.
16. Limitation of liability
Subject to Section 14 and to the fullest extent permitted by law, in no case shall Stunned Emu Designs by Wendy Binks, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors – or those of Shopify and its affiliates – be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data or replacement costs, arising from your use of the Services or any products procured using the Services. Nothing in this section limits any liability that can't be excluded under the Australian Consumer Law.
17. Indemnification
You agree to indemnify and hold harmless Stunned Emu Designs by Wendy Binks, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal costs, payable to any third party arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your breach of any law or the rights of a third party, or (3) your access to and use of the Services.
18. Termination
We may terminate this agreement or your access to the Services (or any part of them) at our discretion at any time without notice, and you'll remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Your Rights under the Australian Consumer Law, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy, and any other provisions that by their nature should survive.
19. Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will still be enforceable to the fullest extent permitted by law, and the unenforceable part will be severed. This won't affect the validity of the remaining provisions.
20. Waiver and entire agreement
Our failure to exercise or enforce any right or provision of these Terms won't be a waiver of that right or provision. These Terms, and any policies or operating rules we post, are the entire agreement between you and us and govern your use of the Services, superseding any prior agreements (including any earlier versions of these Terms). Any ambiguities won't be construed against the drafting party.
21. Assignment
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.
22. Governing law
These Terms, and any separate agreements under which we provide you Services, are governed by the laws of Western Australia. You and Stunned Emu Designs by Wendy Binks submit to the non-exclusive jurisdiction of the courts of Western Australia.
23. Changes to these Terms
You can review the most current version of these Terms at any time on this page. We may update, change or replace any part of these Terms by posting updates to our website, and it's your responsibility to check periodically. We'll notify you of any material changes in accordance with applicable law. Your continued use of the Services after changes are posted means you accept those changes.
24. Contact
Questions about these Terms? Get in touch:
Stunned Emu Designs
Unit 2 / 18 Hines Road, O'Connor, Western Australia
Phone: 0407 942 757 ABN: 22 142 219 103