Terms and Conditions of Use

OVERVIEW

This website is owned and operated by Wagtail Yarns whose principal place of business is 731 Buxton Road, Childers, Queensland, Australia.  Throughout the site, the terms “we”, “us” and “our” refer to Wagtail Yarns. Wagtail Yarns offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here and including policies concerning privacy, returns, refunds and cancellations contained elsewhere in the website.

TERMS OF SERVICE

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and / or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Orders may only be placed on the Wagtail Yarns website by individual consumers and entities purchasing goods other than for resale. Any resale or distribution of Wagtail Yarns products purchased on the Wagtailyarns.com.au or Wagtailyarns.com website is strictly prohibited.  Please contact us if you wish to distribute our products.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time including but not limited to the following instances

1. with whom it has a dispute concerning a prior order,
2. or if the customer has shown unacceptable behaviour towards Wagtail Yarns, its owners and employees, such as being harassing, abusive, offensive or intimidating
3. or the customer has in anyway attempted to damage or destroy the business of Wagtail Yarns.
4. or if Wagtail Yarns has reasonable cause to suspect that such customer has violated these Terms and Conditions,
5. or is engaged in any fraudulent activity or for any other legitimate cause.

You understand that your content (not including credit card or PayPal information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.  

All of the content of the Wagtail Yarns website including but not limited to, such items as page headers, images, photos, illustrations, graphics, video clips, and text are the property of Wagtail Yarns and its partners and are subject to copyright and/or other intellectual property rights held by Wagtail Yarns and its partners.

The content of the Wagtailyarns.com.au and Wagtailyarns.com websites, are intended solely for the personal, non-commercial use by the users of our site. While you may download, print or store selected portions of the content, provided you only use these materials for your own personal, non-commercial use, you may not copy or post the content on any network computer and may not modify, alter, delete or change any copyright notice.

Using the website does not transfer to you,  any right, title or interest in any content of the website. Wagtail Yarns reserves and retains complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this website.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PURCHASING OF PRODUCTS

Products may be purchased from the Wagtail Yarns website for delivery to Australia and the rest of the world.

While products can be delivered outside Australia, Wagtail Yarns accepts no responsibility for any duties or taxes or other charges that might be levied in other countries. These are the sole responsibility of the customer or receiver.  Wagtail Yarns does not accept responsibility for the delay of any packages retained for customs inspections, payment of duties and/or taxes, etc.  Wagtail Yarns will do their utmost, where possible, to provide documentation to assist in the clearance of orders through Customs.

For each product selected for purchase, a summary will be displayed automatically in the shopping bag featuring a photograph of the item, its name, colouring, the quantity selected, its unit price and the total amount owed for your order.  The customer has the ability to modify or remove the item at this stage.  You should check that this information accurately reflects your selection before confirming your order. Upon confirmation and payment, your order will be processed by Wagtail Yarns

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Wagtail Yarns, reserves the right to cancel any order placed by a customer

If your order has been cancelled, we will notify you and your payment will ordinarily be returned within 5 to 10 business days depending on financial institution processing and/or type of credit card.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

Our offer of products and prices are valid as at the date they are displayed on our website but are subject to availability. For this purpose, instructions concerning the availability of the products will be given after placement of your order.  If the product is currently unavailable, the customer will be contacted regarding the estimated time of production and therefore delivery of the product.  The customer will be offered options to choose from.  There will be an option to cancel the order and receive a refund.

Wagtail Yarns does not automatically substitute products in orders.  And does not send order with multiple dye batches of the same yarn.

Wagtail Yarns accepts no liability for any claims or damages whatsoever, in the event of stock outage or unavailability of products other than that specified by law.
Once your order has been transmitted to Wagtail Yarns, you will receive a confirmation order summary by email.  The confirmation order summary sent by email will be conclusive proof of the content of the transaction.

The prices of Wagtail Yarns products on the wagtailyarns.com.au website are indicated in Australian Dollars $AUD, including Australian GST but excluding shipping costs (see 'Shipping and Delivery'), unless changed to show in other currencies.  All payments will be made in Australian Dollars.

Wagtail Yarns reserves the right to modify the prices of products offered on the website at any time without prior notice to you. You will be charged the prices displayed on the Wagtail Yarns website at the time your order was confirmed.

Payment for orders placed on the Wagtail Yarns website must be made at the time of placing the order otherwise the order will not be accepted.  We accept payment by Credit Card or PayPal and Gift Vouchers may be redeemed.

Goods will be shipped to the delivery address specified during the ordering procedure. Please ensure the shipping information you provide is correct as this information will appear on the shipping label. Incorrect information may result in the delay or loss of your order. Wagtail Yarns is not responsible for replacement or refund of the order if the information you provided is incorrect.

Wagtail Yarns generally ships using Australia Post Express post (both within Australia and Overseas) where possible and practicable.  If a mobile number is given it will be included and the number used to advise the customer of the shipping of the parcel.  If a mobile number is not given or used as in the case of overseas orders, then customers will be advised of the tracking number.

Shipping costs will be included in your order and will show before confirmation of your order is requested

Wagtail Yarns reserves the right to change the shipping rates when necessary and without notice.  The shipping cost will be that at the time the order is placed.  For shipping rates please see Shipping.

Delivery is usually made in 5 to 7 business days after your order has been processed however the delivery of orders is subject to availability of the product and where the order is sent outside Australia, can be delayed by customs for inspection and/or payment of duties/taxes.  All duties/taxes are the responsibility of the receiver.  We cannot provide absolute guarantees in respect of issues beyond our control.

Where expectations about the products have not been met, please review our RETURNS REFUNDS CANCELLATION POLICY.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, postal address, delivery address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Wagtail Yarns, our partners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Wagtail Yarns and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia.  By accessing the wagtailyarns.com.au and wagtailyarns.com, you agree that you are subject to and will abide by the conditions.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Contact us if you have questions about the Terms of Service