Terms of service
Overview
Welcome to The Wolf and Peacock. In these Terms of Service (“Terms”), “we”, “us” and “our” refer to The Wolf and Peacock (ABN 63 938 937 113), a partnership trading as The Wolf and Peacock. The Wolf and Peacock operates this online store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). The Wolf and Peacock is powered by Shopify, which enables us to provide the Services to you.
These Terms, together with any policies referenced in them, including our Privacy Policy and our Refund Policy, describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They include important information about your legal rights, including your rights under the Australian Consumer Law, and set out how we limit our liability where the law allows us to do so.
By visiting, browsing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Services.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that you have under the Australian Consumer Law, or any other law that cannot lawfully be excluded, restricted or modified. Where these Terms are inconsistent with such a right, your statutory right prevails.
1. Access and Account
By using the Services, you confirm that you are at least 18 years of age, or that you are using the Services with the consent and supervision of a parent or guardian who agrees to be bound by these Terms on your behalf.
To use the Services, including browsing our online store or purchasing products, you may be asked to provide information such as your name, email address, billing details, payment details and shipping address. You confirm that all information you provide to us is true, current and complete, and that you have the right to provide it.
You are responsible for keeping any account credentials secure and for all activity on your account. You must not sell, transfer or license your account to anyone else. If you become aware of any unauthorised use of your account, please contact us immediately at hello@thewolfandpeacock.com.
2. Our Products
We do our best to accurately describe and photograph our products. Because screens and devices vary, the colour, finish or scale of a product may look slightly different in person to how it appears on our website. Where a product is handmade or made from natural materials, such as timber, ceramic or rattan, small variations in colour, texture, grain or pattern are a normal feature of the piece, not a fault.
We may change product descriptions, discontinue a product, or limit the quantity of a product available to any person or region, at our discretion and without notice, except where doing so would affect an order you have already placed and we have accepted.
Nothing in this Section limits your rights under Section 6 (Your Guarantees Under the Australian Consumer Law).
3. Orders
When you place an order, you are making an offer to purchase, which we may accept or decline. Your order is not accepted, and no contract is formed, until we confirm acceptance (for example, by sending you an order confirmation email) and have received your payment. Please check your order carefully before submitting it, as we may not be able to change or cancel it once it is accepted. If you need to change or cancel an order, contact us as soon as possible at hello@thewolfandpeacock.com and we will help where we reasonably can.
If we do not accept, or need to change or cancel, your order (for example, because a product is out of stock or its price was listed incorrectly), we will let you know using the contact details you gave us and, if you have already paid, provide a full refund of the amount paid for that order.
Returns and exchanges are handled under our Refund Policy, which operates alongside, and does not limit, your rights under Section 6.
You confirm that you are buying for your own personal, domestic or household use, and not to resell or export the products commercially, unless we have agreed otherwise with you in writing.
4. Prices and Payment
Prices, discounts and promotions may change at any time, but the price that applies to your order is the price shown at the time you place it, as set out in your order confirmation.
All prices are shown in Australian dollars. Where a price shown is not the full amount you will pay, for example because delivery or a payment surcharge applies, we will show the total price you will pay as a single figure, at least as prominent as any partial price, before you complete your order. Where we are registered for GST, our prices include GST.
Prices shown in our online store may differ from prices at markets, pop up events or other sales channels.
You agree to give us current, complete and accurate payment and billing information, and to keep it up to date. By placing an order, you confirm that any payment details you provide are correct and that you are authorised to use that payment method, and you agree to pay the price shown for your order, including any delivery charges and applicable taxes.
5. Shipping and Delivery
We aim to dispatch and deliver orders within the timeframes shown at checkout or in our shipping policy, but these are estimates, not guarantees, and delivery may be affected by matters outside our control, such as courier delays or extreme weather.
Once your order is handed to the delivery carrier, risk in the products passes to you, though your rights under Section 6 continue to apply if a product arrives damaged, faulty or not as described.
If you believe your order has not arrived within a reasonable time, please contact us at hello@thewolfandpeacock.com and we will work with you, and where needed the carrier, to resolve it.
6. Your Guarantees Under the Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Nothing in these Terms is intended to limit these guarantees. If any part of these Terms is inconsistent with the Australian Consumer Law, the Australian Consumer Law applies instead, to the extent of that inconsistency.
To make a claim under these guarantees, contact us at hello@thewolfandpeacock.com with your order number, a description of the issue, and photos if the issue relates to a damaged or faulty product. We may ask you to return the product to us; where a product is faulty, we will cover the reasonable cost of that return.
7. Intellectual Property
The Services, including all trademarks, branding, text, images, graphics, product photography and their design, selection and arrangement, belong to The Wolf and Peacock or our licensors, and are protected by the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth) and other applicable Australian and international intellectual property laws.
You may use the Services for your own personal, non-commercial use. You must not reproduce, distribute, modify, publicly display, republish or create derivative works from any material on the Services without our prior written consent. Nothing in these Terms grants you a licence to use our trademarks, logos or branding without our prior written permission. Shopify's name, logo and branding belong to Shopify. All other names, logos and branding on the Services belong to their respective owners.
8. Optional Tools
We may give you access to tools provided by third parties as part of the Services. We do not control, and are not responsible for, those tools, and provide access to them “as is” and “as available”, without any endorsement.
Your use of any third party tool is at your own risk, and you should check the terms offered by that third party provider before using it. Nothing in this Section limits any guarantee we owe you in connection with our own Services.
9. Third Party Links
The Services may contain links to websites operated by third parties. We do not review or endorse, and are not responsible for, the content, accuracy or practices of those websites. If you visit a third party website, you do so at your own risk, and any transaction, dispute or complaint about it should be directed to that third party.
10. Our Relationship with Shopify
The Wolf and Peacock is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with The Wolf and Peacock. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Wolf and Peacock, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with The Wolf and Peacock.
This Section does not exclude, restrict or modify any Consumer Guarantee under the Australian Consumer Law that you are entitled to as against The Wolf and Peacock.
11. Privacy
Our Privacy Policy explains what personal information we collect, how we use it, and your rights, consistent with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, to the extent they apply to our business. By using the Services, you acknowledge that you have read our Privacy Policy.
Because the Services are hosted by Shopify, Shopify also collects and processes personal information about your use of the Services in order to provide and improve those Services, and your information may be transmitted to and stored by Shopify and its service providers, including in other countries. See our Privacy Policy for more detail on how we, Shopify and our service providers handle your personal information.
12. Feedback
If you send us ideas, suggestions, reviews or other feedback (“Feedback”), you give us a royalty free, worldwide licence to use, reproduce, adapt and publish that Feedback for the purposes of operating, improving and promoting our business, including in our marketing. We are not obliged to keep Feedback confidential, pay you for it, or respond to it.
We may, but are not obliged to, remove Feedback that we reasonably consider unlawful, offensive, misleading or in breach of someone else's rights or these Terms.
You confirm that you own or have the right to give us any Feedback you provide, that it does not infringe anyone else's rights, and that it does not contain anything unlawful, defamatory or harmful, including viruses or malware. You must not impersonate another person or business, or mislead us about the origin of your Feedback.
13. Errors, Inaccuracies and Omissions
Our website may occasionally contain typographical errors or inaccuracies, including in relation to product descriptions, pricing or availability. Where we discover an error before your order is accepted, we will correct it and let you know. If this happens after your order is accepted, we will contact you to agree how to proceed, which may include cancelling that part of your order and refunding you in full.
14. Prohibited Uses
You must only use the Services for lawful purposes. You must not use the Services to: breach any Commonwealth, state or territory law, or any applicable international law; infringe our intellectual property rights or anyone else's; harass, abuse or defame any person; send false or misleading information; send unsolicited advertising, spam or chain messages; impersonate another person or business; or do anything that restricts or interferes with anyone else's use of the Services, or that we reasonably consider may harm The Wolf and Peacock, Shopify, or users of the Services.
You must also not upload viruses or malicious code, scrape or extract data from the Services without our consent, collect other users' personal information, or bypass or interfere with any security or access control measure we use to protect the Services.
We may suspend or end your access to the Services if you seriously or repeatedly breach this Section; see Section 16 (Suspension and Termination).
15. Automated Access and AI Agents
This Section applies if you use or deploy an Agent, meaning any software that takes autonomous or semi-autonomous action on your behalf, such as an AI shopping assistant, to access or interact with the Services.
An Agent may only access the Services if it identifies itself as an Agent in its requests, including in the user agent string as “Agent/[agent name]”; does not attempt to disguise itself as a human user, including by solving or bypassing measures intended to distinguish human from automated use; answers truthfully if asked whether it is a human or an automated system; and does not attempt to circumvent any measure we use to control how Agents interact with the Services.
We may limit, restrict or block access by Agents at any time, including by technical measures.
16. Suspension and Termination
We may suspend or end your access to the Services if you seriously or repeatedly breach these Terms, if we reasonably suspect fraudulent, unlawful or abusive use of the Services, or if we are required to do so by law. Where reasonably practicable, we will give you notice and an opportunity to respond before doing so. Where the situation is urgent, for example suspected fraud, we may act first and explain afterwards.
Ending your access does not affect orders you have already placed and we have accepted, or any right or remedy either of us already has, including your rights under Section 6.
The following Sections continue to apply after these Terms end: Intellectual Property, Feedback, Your Guarantees Under the Australian Consumer Law, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Governing Law and Disputes, and any other Section that by its nature should continue.
17. Disclaimer of Warranties
Information on the Services is provided for general information only, and we do not warrant its accuracy or completeness. To the extent permitted by law, and subject always to Section 6, we do not guarantee that the Services will be uninterrupted, timely, secure or error free.
Nothing in this Section excludes, restricts or modifies any Consumer Guarantee, or any other right, under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified. Any disclaimer in these Terms applies only to the extent the law allows.
18. Limitation of Liability
To the extent permitted by law, and subject always to Section 6, The Wolf and Peacock, our partners, personnel, contractors, agents, service providers and licensors are not liable to you for any indirect, special or consequential loss, such as lost profits or lost data, arising from your use of the Services or our products, whether in contract, tort (including negligence) or otherwise, even if we were advised such loss was possible.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any Consumer Guarantee or other right that cannot lawfully be excluded or limited under the Australian Consumer Law. Where our liability for a failure to meet a Consumer Guarantee can lawfully be limited, and the products or services are not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to replacing or repairing the products, supplying equivalent products, or paying the cost of doing so, or resupplying or paying the cost of resupplying the services.
19. Indemnity
You agree to indemnify us against any direct loss, damage or reasonably foreseeable cost, including reasonable legal costs, that we suffer as a direct result of your breach of these Terms, your fraudulent or unlawful use of the Services, or your infringement of someone else's rights through your use of the Services, except to the extent that loss, damage or cost was caused or contributed to by us.
We will let you know if a claim arises that may be covered by this Section, and we will each act reasonably and cooperate with each other in responding to it.
20. Severability
If any part of these Terms is found to be unlawful, void or unenforceable, that part will be treated as removed to the extent necessary, and the rest of these Terms will continue to apply.
21. Waiver and Entire Agreement
If we do not enforce a right under these Terms on one occasion, that does not mean we give up our ability to enforce it later.
These Terms, together with any policies we refer to in them, are the entire agreement between you and us about your use of the Services, and replace any earlier agreements or understandings on that subject.
22. Assignment
You must not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms, including to a purchaser of our business, provided that this does not reduce the guarantees or protections available to you under these Terms or under law.
23. Headings
Headings in these Terms are for convenience only and do not affect their meaning.
24. Changes to These Terms
We may update these Terms from time to time by posting the updated version on our website, and where the change is material, we will take reasonable steps to notify you, for example by a notice on our website or by email. Any change applies from the date we specify, and does not apply to an order you placed before that date. Your continued use of the Services after a change takes effect means you accept the updated Terms, but this does not affect any right you already have, including your rights under the Australian Consumer Law.
25. Governing Law and Disputes
These Terms are governed by the laws of Queensland, Australia. You and we each submit to the non exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia in relation to any dispute arising from these Terms or your use of the Services.
If a dispute arises, please contact us first at hello@thewolfandpeacock.com so we can try to resolve it directly. If we cannot resolve it between us, you can also contact the Queensland Office of Fair Trading or the Australian Competition and Consumer Commission for information about your rights.
26. Contact Us
Questions about these Terms should be sent to us at hello@thewolfandpeacock.com.
The Wolf and Peacock (ABN 63 938 937 113)
hello@thewolfandpeacock.com
(07) 3524 9660