Terms of Service

Last updated: 22 July 2026

1. About these Terms

These Terms of Service govern access to and use of the South Australian Bird Company website, online store, content, customer accounts and related services. In these Terms, “SA Bird Co”, “we”, “us” and “our” mean South Australian Bird Company, and “you” and “your” mean the person using the website or purchasing from us.

By accessing the website, creating an account, submitting an order or using our services, you agree to these Terms and the policies referred to in them. If you do not agree, you must not use the website or place an order.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

2. Eligibility and customer responsibility

You must be at least 18 years old and legally capable of entering into a binding contract to place an order. If you permit another person to use your account or payment method, you are responsible for activity carried out with your authority.

You must provide current, complete and accurate billing, delivery, contact and permit information where requested. You must promptly correct any error through our Contact page at /pages/contact. We are not responsible for delay or additional cost caused by inaccurate information supplied by you, except to the extent caused or contributed to by us.

3. Accounts and website security

You are responsible for maintaining the confidentiality of your account credentials and for notifying us promptly through /pages/contact if you believe your account has been accessed without authority. We may suspend or restrict an account where reasonably necessary to investigate suspected fraud, misuse, security risk or a breach of these Terms.

4. Product information

We take reasonable care to describe and display products accurately. Images are illustrative and screen settings, lighting, manufacturing batches and natural materials may cause variations in colour, grain, shape, size or finish. Measurements are approximate unless stated otherwise.

Bird toys and natural products may contain individual variations. A product advertised as “assorted colour”, “random colour” or equivalent may be supplied in any available colour. Where a specific colour or option was expressly selected and cannot be supplied, we will seek instructions or offer an appropriate remedy rather than make an unauthorised material substitution.

Recommendations by bird type or size are general guides. The customer remains responsible for selecting products appropriate to the bird’s species, size, strength, behaviour, health and enclosure, and for supervising use as set out in our Disclaimer.

5. Pricing, GST and payment

Prices are displayed in Australian dollars. Where GST applies, the displayed price includes GST unless clearly stated otherwise. Delivery charges and any other unavoidable charges known at the time of checkout will be displayed before you submit the order.

We may correct a genuine pricing, description or system error before accepting an order. If payment has already been taken and we cannot accept the order at the displayed terms, we will offer you the choice of proceeding on corrected terms or receiving a refund of the affected amount.

Payment must be authorised through one of the methods offered at checkout. We may use third-party payment providers and fraud-prevention services. We do not guarantee that every payment method will always be available.

6. Orders and acceptance

Submitting an order is an offer to purchase. An automated order confirmation acknowledges receipt but does not necessarily mean the order has been accepted. A contract is formed when we confirm acceptance or dispatch the goods, whichever occurs first.

We may refuse or cancel an order on reasonable grounds, including stock unavailability, an obvious error, payment failure, suspected fraud, delivery restrictions, legal or permit requirements, product recall, safety concerns or an order quantity that appears to be for unauthorised resale. If we cancel after taking payment, we will refund the affected amount unless the payment is lawfully retained for goods or services already supplied.

Stock levels can change quickly and an item shown online may become unavailable. We may offer a substitute only with your agreement, place the item on backorder with your agreement, or refund the unavailable item.

7. In-Store Only and restricted products

Products marked “In-Store Only”, “Store Collection Only” or similar cannot be purchased through ordinary parcel delivery. This may include cages, aviaries, play stands, oversized goods, fragile goods, live birds or products subject to legal, welfare or carrier restrictions.

An online listing for an In-Store Only product is an invitation to enquire and does not guarantee availability or reserve the item. Any collection, local delivery or special freight must be expressly confirmed by us.

8. Live birds and regulated wildlife

Live birds are not supplied through standard parcel shipping. Any sale, reservation, transfer, collection or transport of a live bird is subject to availability, welfare considerations, identification requirements and all applicable Commonwealth, state and territory laws.

Some native species require the buyer, seller or both to hold a current permit and to complete records or movement documentation. You are responsible for obtaining and maintaining any permit required for you to lawfully acquire, keep, transport, breed or dispose of a bird. We may request evidence and may refuse or delay a transfer where legal or welfare requirements are not satisfied.

We do not guarantee that a bird will talk, breed, bond with a particular person, remain tame, display a particular temperament or be suitable with another animal unless that promise is expressly recorded in writing as part of the sale. Any representation about sex, age or health is based on the information and evidence identified at the time of sale. Your rights under the Australian Consumer Law remain unaffected.

9. Delivery, title and risk

Delivery and collection are governed by our Shipping and Delivery Policy. Ownership passes when full payment has been received. Responsibility for the goods passes to you when the goods are delivered to the nominated address or collected by you or your authorised representative, subject to rights that apply under the Australian Consumer Law.

10. Cancellations, returns and refunds

Cancellation, return, exchange, credit and refund requests are governed by our Refunds and Returns Policy. Change-of-mind rights are separate from, and do not limit, remedies available under the Australian Consumer Law.

11. Promotions, discount codes and gift cards

Promotions and discount codes are subject to their advertised dates, eligibility requirements, exclusions and availability. Unless expressly stated, offers cannot be combined, applied retrospectively or exchanged for cash. We may withdraw or correct a promotion affected by an error, fraud or misuse, but this does not affect an order already accepted except as permitted by law.

Gift cards and store credits are subject to any expiry and use conditions stated at issue and applicable law. They are not redeemable for cash except where required by law.

12. Acceptable use

You must not:

use the website for unlawful, fraudulent or harmful activity;

attempt to gain unauthorised access to the website, accounts, systems or data;

introduce malicious code, scrape the website at unreasonable volume, or interfere with its operation;

impersonate another person or submit false, misleading or abusive material;

use website content or product information in a way that infringes intellectual property or other rights; or

purchase, keep, transport or use a regulated animal or product contrary to applicable law.

We may take proportionate steps to protect the website, customers, animals and our legal interests, including restricting access or cancelling an affected account or order.

13. Intellectual property

Unless otherwise stated, the website and its text, photographs, graphics, branding, product descriptions, layout and other content are owned by or licensed to SA Bird Co and are protected by intellectual property laws. You may view and print reasonable extracts for personal, non-commercial use. No other reproduction, adaptation, publication, distribution or commercial use is permitted without prior written approval requested through /pages/contact.

14. Reviews and user content

If you submit a review, photograph, video or other content, you confirm that you have the right to provide it and that it is not unlawful, defamatory, misleading, confidential or infringing. You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content for operating and promoting our business, subject to applicable privacy law and any written limits agreed with you.

We may moderate or remove user content for legitimate legal, safety or platform reasons. We will not edit a review in a way that materially changes its meaning.

15. Third-party services and links

The website may rely on or link to third-party platforms, payment providers, delivery services or content. Their services may be governed by separate terms and privacy policies. We are not responsible for an independent third party’s acts or content except where the law makes us responsible.

16. Website availability

We aim to keep the website accurate and available but do not promise uninterrupted or error-free access. We may suspend or change website functions for maintenance, security, legal or operational reasons. This clause does not exclude liability that cannot lawfully be excluded.

17. Liability

To the maximum extent permitted by law, we are not liable for loss caused by misuse of a product, failure to follow supplied instructions or warnings, unsuitable product selection, inadequate supervision, unauthorised alteration, normal wear, or a matter outside our reasonable control. Our liability is not excluded or limited where doing so would be unlawful, including for applicable consumer guarantees or loss caused by our negligence where liability cannot lawfully be excluded.

Where a guarantee under the Australian Consumer Law applies and liability may lawfully be limited, our liability is limited only to the extent permitted by that law.

18. Privacy

Our collection, use, disclosure and protection of personal information are described in our Privacy Policy.

19. Changes to these Terms

We may update these Terms to reflect changes in law, technology or our operations. The revised version applies from the date published and does not retrospectively remove rights attached to an order already accepted. Material changes will be notified where required by law.

20. Governing law and disputes

These Terms are governed by the laws of South Australia and the Commonwealth of Australia. The parties submit to the courts and tribunals having jurisdiction in South Australia and any other court or tribunal that has jurisdiction under applicable consumer law.

Please raise any concern first through our Contact page at /pages/contact so we have a reasonable opportunity to investigate and resolve it. This does not prevent you from exercising any right to contact a consumer protection body or commence proceedings.

21. Contact

For questions, complaints, account issues, legal notices or requests concerning these Terms, use our Contact page at /pages/contact.