1.2. Please read this document carefully before accessing or using the Fox & Hen Handmade Crafts website.
1.4. By using the Site (even if you’re just visiting), you’re telling us you’ve read and agree to the Terms and Conditions. When you choose to register on our website, you must click “I agree” to complete your registration.
2.1. In these Terms & Conditions (“T&Cs”), “We”, “Us”, “Our”, “Fox & Hen Handmade Crafts” or “foxhen.com.au” means A.L FOX & K.J HENDERSON trading as Fox & Hen Handmade Crafts (ABN 45 274 112 192), its subsidiaries and associates (unless otherwise stated).
2.2. This website, and our online store (our “Website”), is a channel for customers to place orders for products we have available for purchase.
2.3. We will not be liable if, for any reason, the Website is not available at any time, for any period of time. We reserve the right to limit or restrict access to certain functionality, webpages, or the entirety of the Website.
2.4. While the information contained in the Website is believed to be accurate and current, it is provided by Fox & Hen Handmade Crafts in good faith on an “as is” basis. Fox & Hen Handmade Crafts, owners, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the Website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the Website.
2.5. You may have rights under Australian Consumer Law, and these T&C’s do not exclude any rights you have under Australian Consumer Law, or any applicable state/territory legislation.
2.6. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.
3.1. Fox & Hen Handmade Crafts website and online store (collectively, our “Website”) is owned and operated by Fox & Hen Handmade Crafts.
3.2. Access and use of the Fox & Hen Handmade Crafts website is conditional upon your acceptance and compliance with the terms and conditions, notices and disclaimers set out herein (our “T&Cs”).
You should read them thoroughly before using our website and online store, or any goods and services provided through our website (collectively, our “Services”).
Your use of the Fox & Hen Handmade Crafts website constitutes your agreement to the T&Cs.
3.3. Fox & Hen Handmade Crafts reserves the right to amend the T&Cs at any time and without notice to you. Fox & Hen Handmade Crafts may change the T&Cs from time to time, and your continued use of the Fox & Hen Handmade Crafts Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the T&Cs, as so amended. We will always publish a link to our current T&Cs from the website homepage at foxhen.com.au
3.4. These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of Western Australia, Australia.
You agree to submit to the non-exclusive jurisdiction of the courts of the state of Western Australia, Australia.
Orders, Pricing & Availability
4.1. Prices displayed within this Website are shown in Australian dollars (AUD) and include GST where applicable. Pricing on a product detail webpage may not include delivery charges (if applicable).
Please read the Shipping & Returns details contained within this website for more information regarding delivery charges.
4.2. Any Order placed by You in the manner described in this website is an offer to purchase a particular Product for the price (including the delivery and other charges and taxes) specified in this Website at the time you place your order on these Terms & Conditions.
4.3. Fox & Hen Handmade Crafts reserves the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.
4.4. Prices of products and services, as well as delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. All pricing on our website is available online only, and is not transferable in-store, or vice versa, on occasion where pricing differs between the two.
4.5. Prices displayed on this website are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from this website.
4.6. You acknowledge and agree that from time to time, some items on this website may be out of stock or unavailable and we may not be able to fulfill all or part of your order.
If this occurs, we will use reasonable endevours to contact you within five (5) business days to arrange a full or partial refund.
4.7. We reserve the right to withdraw or suspend any items displayed on the foxhen.com.au website either temporarily or permanently at any time without notice to you.
4.8. You acknowledge and agree that:
- All pictures and images on the foxhen.com.au website are for illustration purposes only, and the size and dimensions of the items may differ in real life.
- The colour of the item may vary slightly in shade in real life.
- You have read the items description before placing an order.
- Where provided, the size and measurements in the description of an item may not be accurate but an estimation.
- Any accessories featured with the items are for illustration purposes only.
Price & Payment
5.1. Prices are displayed in Australian Dollars (AUD).
5.2. All item on the foxhen.com.au in not registered for GST.
5.3. Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step, and can choose not to proceed at any time before payment is taken.
5.4. We accept payment via PayPal (Bank Transfer, Visa, Mastercard).
5.5. Once the order is placed, you agree to pay us;
- The price (Which is the total of all items placed in your shopping cart in Australian Dollars) and;
- The postage fee (Provided in the shopping cart based on the items in your shopping cart and your delivery address.
5.6. You acknowledge and agree that any payment in respect of an Order must be cleared by Fox & Hen Handmade Crafts before your order is dispatched.
5.7. If your payment cannot be processed, your Order will be rejected in accordance to these T&C’s and you will not be notified of this.
5.8. You will receive any invoice by email once payment in respect of your Order has been processed.
5.9. Fox & Hen Handmade Crafts uses an encrypted payment gateway and security certificate (SSL Certificate) to secure online payment made on the foxhen.com.au website. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
Refunds & Returns
All refund rights under both State and Commonwealth law apply.
Our items come with guarantees that cannot be excluded under the Australian Consumer Law (https://consumerlaw.gov.au/). 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 failure does not amount to a major failure. If the failure is minor, we reserve our right to offer to repair only. We reserve the right to not offer a refund or an exchange coupon code.
Please read the following carefully to ensure you are fully aware of your rights under the policy and our obligations to you.
6.1. At Fox & Hen Handmade Crafts, you have 14 days to return your items for a full refund as long as it is returned in a saleable condition with original proof of online purchase. The refund will be provided using your original payment method.
6.2. The item must be returned in saleable condition which means that the item hasn’t been opened or used, is still in its original packaging and all manuals, packaging and accessories are included.
6.3. If an item is DOA (Dead on Arrival), damaged or has parts missing, please refer to the manufacture for support. A copy of your invoice can be found in your accounts section on the website for proof of purchase.
6.4. Fox & Hen Handmade Crafts reserves the right to send the item back to the manufacture if returned because of DOA (Dead on Arrival), damaged or has parts missing before issuing a full refund or replacement of the purchased item.
7.1. Delivery of your Order will take place at the delivery address specified by you during the order process on the foxhen.com.au website.
7.2. Postage prices are subjected to Australia Post pricing available through our 3rd party application and may vary in price from time to time. These postage pricing will update without notice to you.
7.2. You acknowledge and agree that notwithstanding anything else stated on the foxhen.com.au website:
- Fox & Hen Handmade Crafts cannot guarantee delivery will occur in the stated delivery time frames and can only provide an estimate of a delivery time.
- Delivery time frames may change from time to time due to unforeseen circumstances; and
- Except where required by applicable law, Fox & Hen Handmade Crafts is not liable or responsible with respect to any loss, damage, expense, injury or cost you or any third party suffers as a result of a change in delivery times or a delay in delivery of your Order.
7.3. Upon delivery, you must inspect your items and ensure that they match your Order. If there is obvious damage to your items due to transit, you must contact Fox & Hen Handmade Crafts as soon as possible.
If the items are not as ordered, you may contact us in accordance to our Refunds and Returns policy stated in our T&C’s on our foxhen.com.au website.
Risk and Title
8.1. Fox & Hen Handmade Crafts will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service.
8.2. You should consider whether you need to obtain any suitable insurance.
9.1. Fox & Hen Handmade Crafts offers the ability for you to create an Online Fox & Hen Handmade Crafts Account.
9.2. You must provide true and factual information when creating an Online Account. You must keep your username and password confidential at all times. Fox & Hen Handmade Crafts is entitled to assume that anybody accessing your account using your confidential username and password is you.
9.3. Be aware that others may access your account and private information if you do not sign-out before ending your session with Fox & Hen Handmade Crafts. Be particularly cautious when using public computers or devices that do not automatically log you out when you exit your browser.
9.4. You should never reveal your password to third parties. If you lose control of your password, you may lose control over your personal information and may be liable for actions taken on your behalf by third parties using your password and/or personal information. Therefore, if your password has been compromised for any reason, you should immediately contact Fox & Hen Handmade Crafts to change your secure password.
9.5. You are responsible for maintaining the confidentiality of the username and password that you designate during the Order process, and you are fully responsible for all activities that occur under your username and password.
You agree to:
(a) immediately notify Fox & Hen Handmade Crafts of any unauthorised use of your username or password or any other breach of security, and
(b) ensure that you exit from your account at the end of each session.
Fox & Hen Handmade Crafts will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your foxhen.com.au account.
Limitation of Liability
10.1. Fox & Hen Handmade Crafts will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Fox & Hen Handmade Crafts has been advised of the possibility of such damages.
10.2. Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Fox & Hen Handmade Crafts for any breach of such term, condition or warranty shall be limited, at the option of Fox & Hen Handmade Crafts to any one or more of the following:
If the breach relates to goods:
the replacement of the goods or supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired;
If the breach relates to services:
the supplying of the services again; or
The payment of the cost of having the services supplied again.
11.2. You represent and warrant to Fox & Hen Handmade Crafts that all information (including your personal information) and data provided by you to us through the foxhen.com.au Website is true, accurate, complete and up to date.
12.1. All content displayed on this site, including (but not limited to): all text, graphics, logos, names and trademarks (collectively, “Our Content”) is the property Fox & Hen Handmade Crafts, or the property of their respective owners, and are protected by copyright, trademark and other intellectual property laws.
12.2. Except as permitted by the Copyright Act 1968 (Cth) no part of the website or Our Content may be reproduced, adapted, performed/presented in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Fox & Hen Handmade Crafts.
Third Party Content, User Content and Your Content
13.1. At times the Website may contain links to other websites, which are not operated by us (“Linked Sites”). We may also provide embedded content hosted and controlled by third party providers (“Embedded Content”). Fox & Hen Handmade Crafts has no control over Linked Sites and Embedded Content, and as such accepts no responsibility for them or any loss or damage to you that may arise from using them. Your use of Linked Sites or Embedded Content is entirely your choice and responsibility, and is subject to the T&Cs of Linked Sites and Embedded Content.
13.2. Fox & Hen Handmade Crafts does not endorse, promote or recommend any the operators, or any person, organisation or corporation, associated with Linked Sites and Embedded Content unless explicitly stated.
13.3. At times you may be asked to provide your own User content (personal information) for your account to process an order on the foxhen.com.au website.
13.4. You own any User Content that you Publish on Fox & Hen Handmade Crafts Website (“Your Content”). Other users own any User Content they publish to Fox & Hen Handmade Crafts Website. Fox & Hen Handmade Crafts reserves the right to moderate, deny or remove any User Content, at any time, without explanation. We are not obliged to use, maintain or display your User Content.
13.5. Your content must not include:
Content that you do not have the right to disclose under law, or an obligation you have to a third party (such as confidentiality agreements)
Content that reveals private information, such as your or another person’s identity; or sensitive information, including names, email addresses, phone numbers or addresses.
Content that infringes, or could possible infringe, the rights (including intellectual property rights, copyrights and trademarks) of others.
Content that can be interpreted by others as being harmful, threatening, abusive, harassing, vulgar, obscene, defamatory, misleading, an invasion of privacy, immoral or otherwise offensive or illegal.
13.6. You can request removal of your account or any User content at any time by emailing us at https://help.foxhen.com.au/contact Please ensure the subject line of your email is “YORK POST Removal of User Content“.
Viruses, Spyware and Malware
14.1. Fox & Hen Handmade Crafts does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.
14.2. Fox & Hen Handmade Crafts will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Fox & Hen Handmade Crafts it shall be limited to the cost of re-supplying that information.
15.2. Our cookies do not contain any personal identifiable information.
15.3. If you disable cookies on your web browser you may not be able to fully experience all features of the Website.
16.1. From time to time, Fox & Hen Handmade Crafts may hold promotions such as special offers and discounts in-store or online at our Website.
Please note that promotions in-store may be different to promotions online. We recommend that customers check the terms of each promotion in order to avoid disappointment.
16.2. We accept Coupon Codes as payment, or partial-payment, for certain or specified purchases online.
It is your responsibility to read the specific details about your Coupon Code as provided with your Coupon Code.
These additional terms may outline what your Coupon Code can or cannot be used for, whether it has a minimum spend, whether it applies only to a specific product or group of products, whether it is available for a limited time or specified date range, and/or only available to a specific customer group.
16.3. We reserve the right to deny use of the Coupon Code, and/or request an alternative means of payment for any reason, including where we have reason to suspect that there has been an attempt to deceive or defraud Fox & Hen Handmade Crafts through the use of a Coupon Code.
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If located in New Zealand, you agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002.
You agree to indemnify us (including our owners, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.
19.1. The information contained on the foxhen.com.au website is provided in good faith. To the best of our knowledge, the information is accurate and current and its contents are provided to you on “as is” basis.
19.2. The foxhen.com.au website may contain errors, faults and inaccuracies and my not be complete and current and as such Fox & Hen Handmade Crafts (including our owners, officers, employees, agents and contractors) make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
19.3. Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Fox & Hen Handmade Crafts excludes, all implied terms and warranties whether statutory or otherwise, relating to the foxhen.com.au website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).
20.1. These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in Western Australia.
20.2. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia and any courts which have jurisdiction to hear appeals from any of those courts (including the Federal Court of Australia, Western Australia Registry – https://www.fedcourt.gov.au/contact/wa) and waive any right to object to any proceedings being brought in those courts.
20.3. Only you and Fox & Hen Handmade Crafts shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.
20.4. Fox & Hen Handmade Crafts reserves the right at all times to make changes to these Terms and Conditions without notice to you. Any variations to these Terms and Conditions will take effect from posting on the foxhen.com.au website. If you do not agree to the amended Terms and Conditions, you must immediately cease all use of the foxhen.com.au website. Your continued use of the foxhen.com.au website will constitute acceptance of the amended Terms and Conditions.
Please Note: We strongly suggest reviewing this page from time to time as we may revise this page without notice.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.