Terms & Conditions

Overview 

This website is operated by Thornbill. Throughout the site, the terms “we”, “us” and “our” refer to Thornbill (ABN 85 367 568 811). Thornbill offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by these terms and conditions (“Terms & Conditions”, “Terms”, “T&Cs”), policies referenced herein and/or available by hyperlink. 

These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

We reserve the right to update, change or replace any part of these Terms & Conditions at any time. Amendments will be effective immediately upon their posting on this website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you. By accessing our website, you are also agreeing to the terms of Shopify’s Terms of Service. 

 

Online Store Terms   

In order to engage in our Service, you must be at least the age of majority in your state or province of residence and possess a valid credit or debit card issued by a bank acceptable to us. 

We are not liable for accuracy of orders, therefore, you should double check your order before finalising. 

You acknowledge that products which are advertised or displayed on our website may not be available to purchase at the time you access the site. 

All prices are in Australian Dollars (AUD), do not include GST and we reserve the right to change product prices at any time without notice. Thornbill is not required by Australian law to collect GST. 

We reserve the right to modify or discontinue any product or product description at any time without notice. 

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

Until you have made payment in full, all products ordered from us remain the property of Thornbill. Ownership and risk or loss is passed to you upon delivery of the products to the shipping carrier. 

 

Shipping & Handling 

Any delivery times on this website are indicative only. While we will use reasonable endeavours to arrange delivery using the shipping method and timeframe indicated, we will not be liable for any failure to meet any such delivery time. 

We do not take any responsibility for delays or items sent to invalid or incorrect addresses. We are not responsible for items returned to sender for the following reasons: 

  • Incorrect/ insufficient address 
  • Unclaimed from the post office 
  • Failure to pay taxes/customs fees 

If a package is returned or rejected, it is your responsibility to email hello@thornbill.com.au to arrange redelivery and you will be liable for any charges. 

Some postal services will deliver your item to your door, porch and/or mailbox. We will not be held responsible for any theft or damage if your parcel is left unattended. 

We will provide as much assistance as possible to trace a missing parcel, however, it is your responsibility to follow up with the relevant carrier.  

 

General Conditions   

We reserve the right to limit, modify, cancel or refuse Service to anyone for any reason at any time.   

You understand that your content (excluding credit card 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. 

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. 

You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. 

 

Intellectual Property Rights & Licence 

All intellectual property rights in this website are owned by or licensed to us and are protected by copyright laws and treaties around the world. All such rights are reserved by Thornbill and its licensors. 

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. 

 

Accuracy, Completeness & Timeliness of Information   

We strive to ensure all information on our site is accurate, complete and current, however, 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 and should be considered for your reference only. We reserve the right to modify the contents of this site at any time, but we are not obliged to do so. You agree that it is your responsibility to monitor changes to our site.  

  

Accuracy of Billing & Account Information   

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 and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.   

  

Links   

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

You must not establish a link from any website that is not owned by you. 

Our website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. 

If we link to other websites, we take no responsibility for the content of, and make no representations as to the accuracy of any third-party websites we may link to from this Website. 

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.   

  

User Comments, Feedback & 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 reserve the right to monitor, edit or remove content at any time without notice.   

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.   

  

Personal Information   

Your submission of personal information through our site is governed by our Privacy Policy 

   

Errors, Inaccuracies & 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.   

  

Prohibited Uses   

In addition to other prohibitions as set forth in the Terms & Conditions, 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. 

 

Disclaimer of Liability   

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. 

In no case shall Thornbill, our directors, 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. 

  

Indemnity   

You agree to indemnify, defend and hold harmless Thornbill and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the Terms & Conditions. 

  

Severability   

In the event that any provision of these Terms & Conditions 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 & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.   

  

Entire Agreement   

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

These Terms & Conditions 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 & Conditions).   

  

Governing Law   

These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.   

  

Contact Information   

Questions about the Terms & Conditions, complaints or comments should be sent to us at hello@thornbill.com.au.