1. Permission To Use the Website
A. You are granted permission to access this Website for the limited purpose of viewing our products, making purchases, and taking advantage of the other services offered on the Website such as signing up for our newsletter.
B. Except as permitted herein, you may not distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use any contents of this Website without Picky Pigeon’s prior written permission.
C. You are prohibited from using the site to post or transmit any virus, work, Trojan Horse, spy ware, or other computer code, file, program, or “malware” that is harmful or invasive or may or is intended to damage, inhibit, or hijack the operation of, or monitor the use of, any hardware, software, or other equipment. You are prohibited from using the site to violate the legal rights of others or collect personally identifiable information about users of the site. You are prohibited from restricting or inhibiting any other person from use of the site, and from interfering with or disrupting the operation or performance of the site or the servers or networks used to make the site available.
D. This Website is intended for use by customers over the age of 18. We will not ship merchandise to anyone who we know or reasonably believe to be under the age of 18.
2. Website Content and Orders
Please understand that we have made every effort to display the products featured on our Website as accurately as possible. However, the colors we use, as well as the display and color capabilities of your particular computer monitor, will affect the colors you actually see on the screen. Picky Pigeon is not responsible for the limitations of your monitor and cannot guarantee that your monitor’s display of any color, texture, or detail of merchandise will be accurate. If you are unhappy with your purchase for any reason, you may simply return the item.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. For example, in the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price. We apologize for any inconvenience this may cause you. We reserve the right, at our sole discretion, to limit the quantity of items purchased and to prohibit sales to dealers. Prices are subject to change at any time.
3. Creating An Account
When you buy products from the Website you have the option to create a user account. Please note that you do not need to create a user account in order to order products from the Website, however, doing so has certain advantages including the ability to recall your order history, track the status of a yet undelivered order, and to avoid having to type in certain information when you make an order. However, Picky Pigeon does not maintain a record of your credit card number and you will have to reenter your desired form of payment each time you place on order. Additionally, while all promotional emails from Picky Pigeon provide you with an easy opt out from further communications, when you register with the Website you are provided the option to opt out of such communications at that time.
4. Shipping and Returns
If you have any questions about the shipping and return of products that you have purchased from the Website, please contact us.
5. Disclaimer; Limitations of Liability
Picky Pigeon provides the materials on this Website “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Picky Pigeon expressly disclaims any duty to update or revise the materials on this Website. Picky Pigeon may modify the materials at any time without notice. By your use of this Website, you assume all risk for your use of the Website and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website.
IN NO EVENT SHALL PICKY PIGEON OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE WEBSITE, EVEN IF PICKY PIGEON HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
6. Governing Law
These Terms shall be construed in accordance with Australian Consumer law without regard to any conflict of law provisions.
7. Confidentiality of Passwords and Other Account Identifiers
If you create an account on the Website you are responsible for: (i) maintaining the confidentiality of passwords and other account identifiers you choose, and (ii) all activities that occur under or in connection with such passwords and account identifiers. You agree to notify Picky Pigeon immediately in the event of: (i) any loss of your password or other account identifiers or (ii) any unauthorized use of your password or other account identifiers. Picky Pigeon will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these Terms.
8. User Comments and Submissions
As noted above, we offer you the opportunity to participate send feedback on our products and/or your customer experience. However, any comments, ideas, questions, feedback, notes, messages, suggestions or other communications (collectively “Comments”) sent to our Website shall be and remain the exclusive property of Picky Pigeon. If you submit any Comments to us, such submission shall constitute an assignment to Picky Pigeon of all worldwide rights, titles and interests in all copyrights, patent rights, and other intellectual property rights in the Comments. Picky Pigeon will be entitled, without any consideration or acknowledgement of you in any way, to use, modify, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction. For the avoidance of doubt you should understand that under no circumstances will you receive any compensation in any way based on submitting any Comments. For this reason, you should not send us any Comments that you do not wish to assign to us, including without limitation any confidential information or any original creative materials such as product ideas, designs, inventions, computer code, stories or original artwork.
If you have any concerns with our terms of service then please contact us.