Terms of service
Vibrant Hummingbird Pty Ltd (ACN 678 943 032)
www.vibranthummingbird.com
TERMS AND CONDITIONS FOR SALE OF GOODS
Please read the following important terms and conditions (“Terms”) before you buy anything on our
website and check that they contain everything which you want and nothing that you are not willing
to agree to. By making a purchase on our Website, you agree to be bound by these Terms.
These Terms set out your legal rights and responsibilities; our legal rights and responsibilities;
and certain key information required by law.
(1) DEFINITIONS
In these Terms, the following definitions apply.
“ACL” means the Australian Consumer Law which contained in the Competition and
Consumer Ace 2010 (Commonwealth).
“Business Day” means a day which is not a Saturday, Sunday, public holiday or bank holiday in
Queensland.
“Buyer,” “you” or “your” means you, the person or organisation that is purchasing the Products
through our Website.
“Confirmation” means an email which we send you to confirm that we have accepted your order, in
accordance with the “Ordering From Us” clause of these Terms.
“Delivery Date” means any estimate date for delivery of your Products, as stated on our Website or
otherwise communicated to you at the time of your purchase.
“Goods and Services Tax” means Gods and Services Tax imposed on a supply of goods or services in
Australia, pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) or any
other applicable law.
“Party” means either the Buyer or the Seller.
“Parties” means the price of our Products as published on our Website at the time you make your
purchase.
“Products” means the products that you are choosing to purchase through our Website which may
include but is not limited to goods.
“Seller”, “we”, “us” or “our” means us, Vibrant Hummingbird Pty Ltd (CAN 678 943 032).
“Terms” means these terms and conditions as updated from time to time.
“Website” means our website located at www.vibranhummingbird.com and www.vibranthummingbird.com.au,
together with any affiliated websites or pages.
(2) INTERPRETATIONS
In these Terms, unless the context otherwise requires, the following rules of interpretation shall
apply:
(2.1) Words referring to one gender include every other gender.
(2.2) Words referring to a singular number include the plural, and words referring to a plural
include the singular.
(2.3) If a word or phrase is defined in these Terms then any grammatical variations of that word or
phrase have a corresponding meaning.
(2.4) Words referring to a person or personas include firms, corporations, associations,
partnerships, joint ventures, authorities, government bodies, organisations and other legal
entities, and vice versa.
(2.5) Any reference to time is a reference to time in Queensland.
(2.6) In the event that something must be done under the Terms on or before a particular date, if
that date falls on a day which is not a business day, then that thing must be done on or before the
next business day.
(2.7) Any obligation on a Party not to do something includes an obligation not to allow that thing
to be done.
(2.8) Headings and titles are included in these Terms for convenience only and shall not affect the
interpretation of these Terms.
(2.9) Each Party must, at its own expense, take all reasonable steps to do all that is reasonably
necessary to give full effect to these Terms and the events contemplated by it.
(2.10) A reference to legislation or any part or provision of that legislation includes any
subordinate legislation, any amended legislation, and any substitute legislation issues under that
legislation.
(2.11) A reference to an agreement or document is a reference to the that agreement or document as
amended, replaced, supplemented or novated from time to time.
(2.12) A reference to a Party also included that Party’s successors, assigns, legal personal
representatives and/or any person that is substituted by way of novation.
(2.13) Any reference to money or currency, unless otherwise specified, is a reference to Australia
dollars.
(3) SALE
By making a purchase through our Website, you are buying the Products subject to these Terms, and
you agree to be legally bound by these Terms.
(4) ORDERING FROM US
(4.1) Here we set out how a legally binding contract between you and us is made. (4.2) You place an
order on our site by doing the following.
The user adds products to a basket and then clicks the basket to proceed to checkout. Finally, the
user completes the process and clicks ‘pay now’ to confirm the order.
(4.3) Please read and check your order carefully before submitting it. However, if you need to
correct any errors you can do so before submitting it to us.
(4.4) When you place your order at the end of the online checkout process (e.g. when you confirm
payment), we will acknowledge it by email. This acknowledgement does not, however, mean that your
order has been accepted.
(4.5) We may contact you to say that we do not accept your order. This is typically for the
following reasons:
(4.5.1) the Product(s) are unavailable;
(4.5.2) we cannot authorise your payment;
(4.5.3) you are not allowed to buy the Product(s) from us;
(4.5.4) we are not allowed to sell the Product(s) to you;
(4.5.5) the number of Product(s) you have ordered is too large; or
(4.5.6) there has been a mistake on the pricing or description of the Product(s).
(4.6) We will only accept your order when we send you an email to confirm this (‘Confirmation”). At
this point:
(4.6.1) a legally binding contract will be in place between you and us; and (4.6.2) your order will
be fulfilled.
(4.7) If you are under the age of 18 you may buy Products from our site. However, in some cases you
may not be able to buy certain Products because you are too young. If so, this will be set out on
the relevant webpage for the Products concerned.
(5) DELIVERY OF PHYSICAL PRODUCTS
(5.1) This clause applies if you purchase physical Products from us.
(5.2) We use the following delivery services to deliver our physical Products;
Australia Post
(5.3) The estimated date and time window for delivery of the Products is set out in the
Confirmation.
(5.4) If something happens which:
(5.4.1) is outside of our control; and
(5.4.2) affects the estimated date of delivery;
then we will let you have a revised estimated date for delivery of the Products.
(5.5) Delivery of the Products will take place when we deliver them to the address that you gave to
us,
(5.6) We may be unable to deliver the Products if we are unable to properly identify you. Please be
prepared to provide a form of ID (passport or driving licence) on delivery of Products.
(5.7) Unless you and we agree otherwise, if we cannot deliver your Products within 30 days, we
will:
(5.7.1) let you know;
(5.7.2) cancel your order; and (5.7.3) give you a refund.
(5.8) If nobody is available to take delivery, please contact us using the email address below.
(5.9) You are responsibly for the Products when delivery has taken place. In other words, the risk
in the Products passes to you when you take possession of the Products.
(5.10) We may deliver your Products in instalments. To check if your Products may be delivered in
this way, click on the check the delivery details during the online checkout process.
(6) PAYMENT
(6.1) We accept the following means of payment: Visa, Mastercard and PayPal.
(6.2) We will do all that we reasonably can to ensure that all of the information you give us when
payment for the Products is secure by using an encrypted and secure payment mechanism. However, in
the absence of negligence on our part we will not be legally responsible to you for any loss that
you may suffer if a third party gains unauthorised access to any information that you give us.
(6.3) Your credit card or debit card will only be charged when you confirm your order.
(6.4) All payments by credit card or debit card need to be authorised by the relevant card issuer.
From time to time, we may also use extra security steps via Verified by Visa, MasterCard, PayPal or
equivalent services.
(6.5) If your payment is not received by us and you have already received and Products, you:
(6.5.1) must pay for such Products within 30 days; or
(6.5.2) must return them to us as soon as possible. If so, you must keep the Products in your
possession, take reasonable care of them (including ensuring that you follow any instructions or
manuals given with the Products) and not use them before you return them to us.
(6.6) If you do not return and Products (such as where you have not paid for them) we may collect
the Products from you at your expense. We will try to contact you to let you know if we intent to
do this.
(6.7) The price of the Products:
(6.7.1) is in Australian dollars ($AUD);
(6.7.2) include GST at the applicable rate; and
(6.7.3) does not include the cost of delivering the Products (delivery options and costs will be
provided before you place your order).
(7) TAXES, DUTIES AND OTHER CHARGES
(7.1) Unless otherwise stated, our Prices do not include Goods and Services Tax, insurance,
shipping and/or delivery costs and import charges (such as customs duties or levies) or other
applicable taxes or duties.
(7.2) By making a purchase on our Website, you acknowledge that you are responsible for a Goods and
Services Tax, insurance shipping costs and import charges (such as customs duties or levies) or
other applicable taxes of duties.
(8) SHIPPING AND DELIVERY COSTS
(8.1) Unless otherwise stated, you agree to pay any applicable shipping and/or delivery costs
related to your Products.
(8.2) Shipping and/or deliver costs vary depending on your chosen delivery method and delivery
location.
(8.3) Applicable shipping and/or delivery costs are published on our Website at the time of your
purchase.
(8.4) By making your purchase, you agree to the applicable shipping and/or delivery costs as
published on our Website or communicated to you at the time of your purchase.
(9) INSPECTION
(9.1) Upon receiving the Products you will make a full investigation, inspection and/or examination
of the Products.
(9.2) In the event that you consider that the Products have been damaged prior to delivery, you
must notify us of such damage, within the following time period of having received the Products
(“the Inspection Time”): 48 hours.
(9.3) In the event tat the Products have actually been damaged prior to delivery, and you have
notified us of such damage (and provided evidence of such damage) within the Inspection Time, then
we will comply with our obligations under the ACL, which may require us, at our costs to repair or
replace the Products or provide a refund.
(9.4) In the event that you claim that the Products have been damaged but you do not notify us of
such damage within the Inspection Time, then we will not be obliged to repair or replace the
Products or provide a refund, unless the ACL or any other applicable laws provide otherwise.
(10) TITLE
Title to the Products will remain with us until we have received the Purchase Price in full
together with any applicable taxes, duties, shipping or delivery costs or other fees or charges
payable to us by you in relation to your Products.
(11) OUR WARRANTIES
(11.1) We hereby warrant that:
(11.1.1) there are no legal restrictions preventing us from providing the Products to you in
accordance with these Terms;
(11.1.2) we are the sole legal and beneficial owner of the Products; (11.1.3) we are duty
authorised to enter into these Terms;
(11.1.4) the Products are free of any encumbrances or adverse interests whatsoever (whether legal,
equitable or otherwise);
(11.2) This clause will survive the termination or expiration of these Terms.
(12) LIMITATION OF LIABILITY
(12.1) Notice to the Buyer:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are
entitled to a replacement or refund for a major failure and compensation for any other reasonably
foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the
goods fail to be of acceptable quality and the failure does not amount to a major failure.
(12.2) The Buyer may have certain rights under the Australian Consumer Law (“ACL”), or under other
similar or related consumer protection laws.
(12.3) The ACL may give the Buyer certain rights, warranties, guarantees and remedies regarding the
provision of goods or services by the Seller, which cannot be excluded, modified or restricted by
the Seller (“Statutory Rights”).
(12.4) The Seller’s liability to the Buyer is governed solely by the ACL and by these Terms. O the
maximum extent permitted by law, and except as otherwise expressly provided in these Terms, the
Seller excludes all conditions and warranties implies by custom, law or statue, except for the
Buyer’s Statutory Rights, and the Seller expressly disclaims all warranties of any kind including
but not limited to implied warranties that the Products are fit for a particular purpose.
(12.5) The Buyer hereby agrees that the Seller is not liable for any direct, indirect,
consequential or incidental loss or damage which may result from the Buyer’s use of the Products.
For the sake of clarity, in no event will the Seller be liable for any consequential, indirect,
incidental or special damages of any kind including any damages for loss of revenue, profits,
interruption of business, or loss of data, even if the possibility of such loss was made known to
the Seller.
(12.7) When the Buyer’s Statutory Rights apply, to the maximum extent possible, the Seller’s
liability in respect of any claim in limited to, at the Seller’s option;
(12.7.1) A repair of the Products; or (12.7.2) A replacement of the Products; or
(12.7.3) A refund of the Purchase Price paid by the Buyer.
(12.8) The Seller’s failure to exercise or enforce any right or provision of these Terms will not
constitute a waiver of such right or provision.
(12.9) Subject to the sub-clauses below titled “Exceptions”, we shall not be liable for any of the
following (whether direct or indirect):
(12.9.1) loss of profit;
(12.9.2) loss or corruption of data; (12.9.3) loss of use;
(12.9.4) loss of production;
(12.9.5) loss of contract; (12.9.6) loss of opportunity;
(12.9.7) loss of savings, discount or rebate (whether actual or anticipated); or (12.9.8) harm to
reputation or loss of goodwill.
(12.10) Exceptions:
(12.10.1) The limitations of liability set out above shall not apply in respect of any indemnities
given by either party under these Terms.
(12.10.2) Notwithstanding any other provision of these Terms, the liability of the parties shall
not be limited in any way in respect of the following:
(12.10.2.1) death or personal injury caused by negligence; (12.10.2.2) fraud or fraudulent
misrepresentation;
(12.10.2.3) any other losses which cannot be excluded or limited by applicable
law;
(12.10.2.4) any losses caused by wilful misconduct.
(12.11) This clause will survive the termination or expiration of these Terms.
(13) BREACH OF WARRANTY
(13.1) In the event that the Products provided under these Terms breach a warranty under the Terms
(“Warranty Breach”):
(13.1.1) the Seller will:
If possible, repair the Goods at the Seller’s expense or replace the Goods. If neither option is
possible, provide a full refund.
(13.1.2) in order to be entitled to make a claim under the Warrant Breach, you must:
(1) Immediately stop using the Goods;
(2) Notify the Seller using the contact details in there Terms;
(3) Store the Goods in a safe and weatherproof location until further directed by the Seller.
(13.1.3) in order to claim under the Warrant Breach, you must:
Contact the Seller by email: admin@vibranthummingbird.com
(13.1.4) you are responsible for any expenses associated with the Warranty Breach claim, but me
claim back any expenses incurred in the following manner:
Send evidence of expenses incurred (such as invoices) to admin@vibranthummingbird.com. Include any
relevant information such as buyer’s full name, description of Goods and claim number if
applicable.
(13.1.5) any benefits provided to you in relation to the Warranty Breach are in addition to other
right and remedies available to the Buyer under the law.
(13.2) Except as otherwise required by law, your rights in relation to the Warranty Breach will
expire the following period after you receive the Products:
2 months.
(14) CONFIDENTIALITY AND INTELLECTUAL PROPERTY
(14.1) For the purpose of this clause, “Intellectual Property” may include but is not limited to:
Any and all inventions, patents, utility models, design right, copyright, know how, trade secrets,
trademarks, trade names, confidential information, service marks and goodwill subsisting in,
resulting from or relating to the Products, or any documents, drawings, specifications and/or
patterns relating thereto either:
(14.1.1) supplied by us to you in connection with the Products, or
(14.1.2) supplied by us to you or disclosed to or obtained by you pursuant to or as a result of
these Terms, or
(14.2) You shall not, under circumstances acquire any right in or to any intellectual Property.
(14.3) We shall have the right to apply any trademarks, trade names and/or service marks to the
Products. You acknowledge that no rights are granted to you by the use by you of such trademarks,
trade names and/or service marks. You shall not deface, remove or obliterate any trademarks, trade
names or logos applied by the Seller on or in relation to the Products.
(14.4) If you shall in any way acquire any such rights in any Intellectual Property then you shall
immediately inform us and shall forthwith take such steps as may be required by the Seller to
assign such rights or vest such title in us.
(14.5) The Parties each respectively acknowledge and agree that unless otherwise expressly agreed
between the Parties, the terms of these Terms, and the fact that these Terms exists, are
confidential.
(14.6) You shall keep confidential and not use, without the prior written consent of us, all or any
information including without limit, that information supplied by us to you or disclosed to or
obtained by you pursuant to or as a result of these Terms, and shall not divulge the same to any
third party except to the extent that any such information is or becomes public through no fault of
yours, or disclosure of the same is required by law or by any other government or other regulatory
body.
(14.7) This clause will survive the termination or expiration of these Terms.
(15) INDEMNITY AND INSURANCE
(15.1) You shall indemnify us, and keep us indemnified, from and against any losses, damages,
liability, costs (including legal fees) and expenses incurred by us as a result of or in connection
with your breach of any of your obligations under these Terms.
(15.2) You shall have in place contracts of insurance with reputable insurers incorporated in
Australia to cover your obligations under these Terms. On request, you shall supply so far as is
reasonable evidence of the maintenance of the insurance and all of its terms from time to time
applicable.
(16) RIGHTS OF THIRD PARTIES
No one other than a party to these Terms has any right to enforce any of these Terms.
(17) TERMINATION
(17.1) In addition to any other rights that are set out in these Terms, if either Party defaults in
its obligations under these Terms (“Defaulting Party”), the other Party can terminate the contract
created between us under these Terms by providing written notice to the Defaulting Party.
(17.2) If the contract that is created between us under these Terms is ended it will not affect our
right to receive any money which you own to us under these Terms.
(18) DISPUTES
(18.1) We will try to resolve any disputes with you quickly and efficiently. (18.2) If you are
unhappy with:
(18.2.1) the Product(s); (18.2.2) our service to you; or
(18.2.3) any other matter;
Please contact us as soon as possible using the details provided in the “Contact Us” clause below.
(19) UPDATES TO THESE TERMS
(19.1) These Terms may be updated from time to time.
(19.2) The latest version of these Terms is displayed on our Website and/or at the bottom of these
Terms.
(19.3) By making a purchase on our Website, you agree to these Terms, including any updates, as
published on the Website at the time of your purchase.
(20) GENERAL PROVISIONS
(20.1) GOVERNING LAW: these Terms shall be governed in all respects by the laws of Queensland and
any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts
within Queensland.
(20.2) LANGUAGE: All communications made or notices given pursuant to these Terms shall be in the
English language.
(20.3) ASSIGNMENT: these Terms, or the rights granted hereunder, may not be assigned, sold, leased
or otherwise transferred in whole or part by either Party except with the other Party’s prior
written consent.
(20.4) RIGHTS, REMEDIES AND POWERS: Unless expressly provided in these Terms, any rights, remedies
or powers which a Party acquires under these Terms are cumulative and apply in addition to any
rights, remedies or powers which that Party may otherwise have. Unless expressly provided in these
Terms, nothing in these Terms shall in any way reduce, extinguish, postpone or otherwise limit any
right, remedy or power which that Party may have.
(20.5) SURVIVAL OF OBLIGATIONS: At the termination or expiration of these Terms, any provisions of
these Terms which would by their nature be expected to survive termination or expiration shall
remain in full force and effect, including but not limited to any provisions which are explicitly
stated to survive termination and/or expiration.
(20.6) NO WAIVER: None of the terms of these Terms shall be deemed to have been waived by any act
or acquiescence of either Party. Only an additional written agreement can constitute waiver of any
of the terms of these Terms between the Parties. No waiver of any term or provision of these Terms
shall constitute a waiver of any other term or provision or of the same provision on a future date.
Failure of either Party to enforce any term of these Terms shall not constitute waiver of such term
or any other term.
(20.7) SEVERITY: If any provision or term of these Terms is held to be unenforceable, then these
Terns will be deemed amended to the extent necessary to render the otherwise unenforceable
provision, and the rest of the Terms, valid and enforceable. If a court declined to amend these
Terms as provided herein, the invalidity or unenforceability of any provision of these Terms shall
not affect the validity or enforceability of the remaining terms and provisions, which shall be
enforced as if the offending term or provision had not been included in these Terms.
(20.8) ENTIRE AGREEMENT: In relation to the subject matter of these Terms, these Terms constitute
the entire agreement between the Parties and supersedes any prior or contemporaneous understanding
whether written or oral.
(20.9) COUNTERPARTS: These Terms may be executed in counterparts, all of which shall constitute a
single agreement. If the dates set forth at the end of this document are different, these Terms is
to be considered effective as of the date that both Parties have signed the agreement, which may be
the later date.
(20.10) FURTHER ACTS: Each Party must ensure that it’s employees, agents and representatives, do
all things and sign, execute and deliver all documents, agreements and instruments as reasonable
required in order to give effect to these Terms and to the rights and obligations of the Parties
created under these Terms.
(20.11) FORCE MAJEURE/EXCUSE: Neither Party is liable to the other for any failure to perform due
to causes beyond it’s reasonable control including, but not limited to, acts of God, acts of civil
authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters,
and other acts which may be due to unforeseen circumstances. Seller is not liable for any delivery
delay or non-performance caused by labour or transportation disputes or shortage, material delays,
or delays or non-performance caused by any of Seller’s suppliers. If Seller is unable to perform
for any reason within 30 (thirty) days after the expected date of delivery, Seller may terminate
these Terms in full and provide a complete and total refund to Buyer of any fees paid.
(21) CONTACT US
(21.1) If you do not understand any of these Terms and want to talk to us about it, please contact
us by:
Email: admin@vibranthummingbird.com
(22) LAST UPDATED
These Terms are current and up to date as of: 22nd September 2025
By making a purchase on our Website, you agree to be bound by these Terms and Conditions.