Feather and Noise™ Terms and Conditions
Please read these Terms and Conditions before using or purchasing from this website.
This website, www.featherandnoise.com and its content (“website”) is owned by Alison Kathryn Long trading as Feather and Noise ABN 11 456 618 836 (“Feather and Noise™”, “our” or “us”).
Your use of this website constitutes your agreement to be bound by these terms and conditions and all other terms, conditions, policies, warranties and disclaimers on this website (the “Terms of Conditions”). By continuing to use this website, you agree to be bound by the Terms and Conditions. If you do not agree to the Terms and Conditions, you must stop using the website immediately.
Feather and Noise™may vary, add, change or delete any part of the Terms and Conditions, or the website, at any time, and for any reason without prior notification to you, and will not be liable in any way for possible consequences of such changes.
Use of website
You must comply with all laws in connection with your use of this website. You must not do any of the following:
- Data mine or conduct automated searches on this website;
- Transmit any virus or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information available through this website;
- Use this website or any information made available through this website to send unsolicited emails or other messages without our consent;
- Use any automatic device or manual process to monitor or copy any part of the website;
- Incorporate any of the content on this website with any other material, including advertising or promotional material;
- Create links from this website to any other website on the internet, or frame or mirror this website; or
- Tamper with or make unauthorized modifications to this website or the content of this website.
You may only make contributions to this website to the extent that the website or Feather and Noise™ expressly permits. However, you must not leave any contribution on this website, provide Feather and Noise™ with content for the website or permit any information to be displayed on this website that is false, inaccurate, misleading, defamatory, trade libelous, obscene, indecent, inflammatory, threatening or harassing or that breaches any third party intellectual property rights or any other law. You warrant that any contributions you make to the website, or any content you provide for the website, will not expose Feather and Noise™, its directors, employees or agents to any liability of any kind.
If you do leave contributions on this website or provide content for this website, you grant Feather and Noise™ a non-exclusive, worldwide, perpetual, irrevocable, royalty free right (sub licensable through multiple tiers) to exercise the copyright and other intellectual property rights in connection with your contributions or content. Feather and Noise™™ reserves the right to edit or delete any contributions posted, or content submitted for display, on this website in its absolute discretion.
Disclaimer and exclusion of warranties
No warranty: You use this website at your own risk. To the extent permitted by law, this website is provided to you on an “as is” and “as available” basis without warranty of any kind express or implied. To the extent permitted by law Feather and Noise™ excludes any express or implied warranties under statute or general law in connection with this website and any associated goods or services.
Content Disclaimer: The information in this website is for general information only. Whilst reasonable attempts are made to ensure the accuracy of the information on this website, this is not always possible and information on this website may not be true, accurate, up-to-date or complete. Feather and Noise™ does not invite reliance upon and does not accept responsibility or liability for information provided within or associated with, this website.
Feather and Noise™ may vary, add, change or delete any part of the Terms and Conditions, or the website, at any time, and for any reason without prior notification to you, and will not be liable in any way for possible consequences of such changes.
Third Party Information: This website contains third-party information and links to other websites as a convenience to you. Feather and Noise™ does not control, endorse, check or approve third party information or information on linked websites. A link to another website does not imply any endorsement of that website or its products or services.
No Guarantee of Uninterrupted or fault free use: You acknowledge that access to this website may be interfered with or affected by numerous factors, many of which are outside Feather and Noise™ control (including, without limitation malfunction in equipment or software, internet access difficulties or delay or failure in transmission). Your access to this website may not be continuous, uninterrupted, timely, secure, fault free or virus free. You should ensure that your computer software and systems are protected against viruses and any other damage they might sustain as a result of using this website.
Third Party goods or services: From time to time this website may contain third-party information and links to other websites as a convenience to you. Feather and Noise™ does not control, endorse, check or approve third party information or information on linked websites. A link to another website does not imply any endorsement of that website or its products or services.
Feather and Noise™ recommends that you should check the accuracy of information regarding third party goods and services directly with the relevant supplier before making any purchases. Any prices quoted on this website should be used as a guide only and should not be relied on.
Any supplier or other third party advertiser displayed on, or accessible via, this website is solely responsible to you for the delivery of any goods or services you purchase from that person.
You unconditionally release Feather and Noise™, its officers, employees, contractors and agents (“personnel”) from all liabilities, actions, demands, loss, damage, costs and expenses (including legal costs on a full indemnity basis) incurred or suffered by you directly or indirectly in connection with your access to, or use of, this website
You are liable for and indemnify Feather and Noise™ and its personnel against all actions, demands, liabilities, loss, damage, cost or expenses (including legal costs on a full indemnity basis) incurred or suffered by Feather and Noise™ or its personnel, directly or indirectly in connection with your use of this website or your breach of these Terms and Conditions.
Liability for your PERSONNEL
You are responsible for the acts and omissions of your personnel as if they were your own acts or omissions.
© - All rights reserved
Feather and Noise™ owns or is a licensee of all copyright and other intellectual property in this website and its content (including, without limitation all information, text, graphic, software, advertisements and trademarks (if any) on this website (the “Content”). You must not modify, copy, reproduce, republish, frame or create derivative works, upload a third party, post, transmit or distribute the Content in any way except for your own personal, noncommercial, use, information, research or study (but only if you keep all Content intact and in the same form as presented on the website).
Feather and Noise™ is the registered trading name of Alison Kathryn Long.
All trademarks appearing on this website are the property of their respective owners.
ORDERING FROM Feather and Noise™
Any order placed by you in the manner described in this site is an offer by you to purchase a particular product for the price (including the delivery and other charges) specified on this website at the time you place your order.
You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the products or services ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the products being dispatched to you, or the services being provided to you.
Feather and Noise™ may require additional verification or information before accepting any order.
Where permitted in all states, Feather and Noise™ reserve the right to limit sales, including the right to prohibit sales to re-sellers.
Feather and Noise™ currently only accept orders via this website from within Australia. Within this area, our policies as to delivery and returns apply as set out in these terms. If you are outside Australia and wish to purchase products from Feather and Noise™, please get in touch via the ‘contact us’ page.
All prices are in Australian dollars (AUD) and inclusive of GST unless otherwise specified. Prices displayed on this website are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of products and services are subject to change without notice.
Feather and Noise™ may change the prices published on this website at any time. Prices of products or services placed in the basket but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this website, Feather and Noise™ is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this website, or an error in your order.
Feather and Noise™ accepts payments using PayPal and via a secure online facility. Feather and Noise™ do not store your credit details.
Please note that if your payment declines at the point of purchase, Feather and Noise™ will not receive any notification of the order being placed.
Please be aware that Feather and Noise™ are receiving online orders 24 hours a day. Whilst Feather and Noise™ will make every possible attempt to ensure our stock availability is up to date, there may be times when stock is sold out.
If you order an item that has sold out, Feather and Noise™ will contact you as soon as possible during business hours (AEST) to:
- notify you of the approximate delay in supplying you with your order;
- suggest an alternative item if appropriate; or
- arrange a refund.
General Size Guide
Prior to placing your order, please note our general guide to sizing et out below:
Feather and Noise General Size Guide
XS - 6 S - 8-10 M- 10-12 L-14 XL - 16
Please note that sizing does vary slightly depending on style and cut of the item. Feather and Noise™ do our very best to suggest to a style requires going up or down a size, so please read the product information carefully prior to making your purchase. Otherwise, if Feather and Noise™ believe a style is 'true to size' Feather and Noise™ will indicate this in the product information.
If you require further product information or you require assistance, please call the Feather and Noise™ Customer Service Team on 0488 771 091 from 9am - 4pm Monday to Friday.
SHIPPING AND DELIVERY
All orders are processed and dispatched within two business days of payment being cleared. Please allow up to 7 business days for Standard delivery or up to 3 business days for Express delivery in Australia.
All orders in Australia incur a shipping fee. Your order will be posted by Australian express post/Parcel post, and a tracking number will be provided to you so your parcel can be located.
Please get in touch via the ‘Contact Us’ page if you require your tracking number to be reissued or are concerned that your order is late or lost.
Melbourne local pick up
You may choose to pick up your order from the Feather and Noise™ Customer Service Office located in Footscray.
To proceed with this option, you must select ‘Pick Up’ as your method of ‘Shipping and Delivery’. After you have made payment for your order, you must then contact the Feather and Noise™ Customer Service Team to arrange a time for collection. The Customer Service Team is contactable on 0488 771 091 from 9am - 4pm Monday to Friday via SMS or phone call.
Otherwise, if you have selected the 'Pick Up' option in error, please contact the Feather and Noise™ Customer Service Team and they will arrange postage of your order.
Authority to Leave
Feather and Noise™ will leave your parcel at your premises if unattended. You agree that the parcel is deemed received when left at your premises. Feather and Noise™ will not be responsible for parcels accepted by a third party or an Authority to Leave
Feather and Noise™ and contractors associated with the delivery do not accept responsibility for any loss or damage which results from this Authority to Leave delivery method. You agree to release Feather and Noise™ from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave. If you do not wish to give Feather and Noise™ Authority to Leave, you must notify us in writing at the time of placing your order and you will have to be at your premises in order for the delivery to occur.
Title and risk
Title to products purchased on this website does not pass from Feather and Noise™ to you until Feather and Noise™ have received payment in full for the products. All risk in the products passes to you upon delivery to your address.
If due to unforeseen circumstances you do not receive your parcel, your options are:
- Contact Australia Post and if its location can be determined wait for its arrival.
- If the parcel is deemed lost by Australia Post, please contact Feather and Noise™ so Feather and Noise™ can organize your order to be resent.
REFUNDS AND EXCHANGES
Feather and Noise™ pride ourselves on providing products that have been manufactured to the highest quality. To make our customers feel comfortable about purchasing Feather and Noise™ products, Feather and Noise™ have a Returns and Exchange Policy and Manufacturer’s Warranty.
Customers, please note that all Feather and Noise™ products go through stringent quality checks, right up to the time of packaging the item to be sent. Feather and Noise™ produce high quality products and therefore will not send any item that is marked, tarnished, or has defects. When Feather and Noise™ send the item, Feather and Noise™ class it in perfect condition before it is shipped to you.
Refunds and exchanges for change of mind or for incorrect sizing are subject to our below Refund and Exchange Policy for Australian customers. If your product is faulty, defective, not as described by us, not fit for purpose or as otherwise set out under Australian Consumer Laws, you will be entitled to replacement, refund or repair. Please also refer to our Manufacturer’s Warranty.
- If you wish to credit or exchange your product, you can request a return via your account online. You must return within 14 days of receiving your product. Your request must include your full name, proof of purchase details, and whether you would like an exchange or store credit. Your correspondence should include a product description and the reasons for requesting an exchange or store credit.
- Upon email confirmation, your product must then be returned to Feather and Noise™ within 14 days and include a copy of the returns packing slip. Items returned after the 14-day period will not be accepted and be shipped back to you.
- Where we provide you with a store credit, that credit is valid for 12 months from the date your returned product is received.
- Your product should be returned in an appropriately protective post bag/box and must be unworn, unscratched, not altered and in its original packaging. All original tags must be attached and the products must be in their original condition.
- When returning an item to us, it is your responsibility until it reaches us at Feather and Noise™. Feather and Noise™ will not be responsible for any items damaged or lost during transit.
- Upon return, the product will be inspected by our returns department to see if it complies with our Returns Policy. Feather and Noise™ reserve the right not to accept a request for exchange or store credit for any product that is not faulty and/or falls outside our Returns Policy.
- SALE items cannot be returned other than as required by Australian laws.
- For exchanges: If you have requested a change of size, Feather and Noise™ will post the item to you. Standard postage will be billed at our shipping rate of $8.00.
- Feather and Noise™ only accept returns/exchanges for our products purchased via our website. Feather and Noise™ do not accept returns or exchanges for products sold/provided by one of our stockists/distributors.
- All postage and insurance costs are to be paid by you for change of mind exchange returns.
- Once Feather and Noise™ have received your parcel for credit or exchange, Feather and Noise™ will inform you via email as to whether or not Feather and Noise™ will provide you with a credit or exchange.
- If you would like to exchange your product for a different product, and Feather and Noise™ agrees to exchange that product, Feather and Noise™ will process the difference in price for the new product. If the amount is greater than the price of your original purchase, Feather and Noise™ will re-charge you via your original payment method. If the amount is less than the price of your original purchase, Feather and Noise™ will issue you a store credit, for the difference. If the product is unavailable, Feather and Noise™ may instead offer a store credit. Please note that you will also be required to pay the $8.00 shipping rate to get your revised order dispatched.
- Nothing in this Returns Policy is intended to override your legal rights as a consumer where those rights cannot by law be excluded under Australian Consumer Laws.
Feather and Noise™ comply with applicable Australian privacy laws.
Feather and Noise™ do not collect your personal information to on-sell to third parties for marketing purposes.
If you have any questions or concerns regarding your personal information, please get in touch via our ‘Contact Us’ page.
interpretation and general terms that apply
In these Terms and Conditions:
a) The headings will not affect interpretation of these Terms and Conditions.
b) The singular includes the plural and vice versa, and a gender includes other genders.
c) Any other grammatical form of a word or expression defined in these Terms and Conditions has a corresponding meaning.
d) A reference to a clause or paragraph is to a clause or paragraph of, these Terms and Conditions.
e) A reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time.
f) A reference to “A$”, “$A”, “dollar” or “$” is to Australian currency.
g) A reference to time is to time in Melbourne, Victoria (AEST or when applicable, AEDT).
h) A reference to a party to a document includes the party's executors, administrators, heirs, successors in title, permitted assigns and substitutes.
i) A reference to a person includes a natural person, body corporate, partnership, trust, association or any government or governmental, semi-governmental, administrative or judicial body, tribunal, department, commission, authority, agency, minister, statutory corporation, instrumentality or any other entity.
j) A reference to a statute, ordinance, code or other law includes regulations, rules and other instruments under the statute, ordinance, code or other law and any consolidations, amendments, re-enactments or replacements.
k) The meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions.
l) A reference to anything (including but not limited to any right) includes part of that thing.
m) Any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds those parties jointly and severally.
n) Any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of those parties jointly and severally.
o) Any undertaking by a party not to do any act or thing will be deemed to include an undertaking not to permit or suffer the doing of that act or thing.
p) A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms and Conditions or any part of these Terms and Conditions.
q) Feather and Noise™ may assign any rights or benefits under these Terms and Conditions at any time.
r) If any provision, or the application of any provision, of these Terms and Conditions is prohibited, invalid, void, illegal or unenforceable in any jurisdiction: (a) this will not affect the validity and enforceability of the provision or part in other jurisdictions; (b) the provision or part will only be ineffective to the extent of the prohibition, invalidity or illegality; and (c) the provision or part will be severed and will not affect the validity or enforceability of the remaining provisions or parts of these Terms and Conditions.
s) These Terms and Conditions supersedes all prior undertakings, arrangements and agreements and constitutes the entire agreement between the parties in relation to the subject matter of these Terms and Conditions and there are no conditions, warranties or other terms affecting the agreement between the parties other than those set out in these Terms and Conditions.
t) These Terms and Conditions will be governed by the laws of Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Please get in touch via our ‘Contact Us’ page if you have any further questions.
What we collect
We may collect the following information:
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
For the exhaustive list of cookies we collect see the List of cookies we collect section.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at email@example.com
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to .
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
List of cookies we collect
The table below lists the cookies we collect and what information they store.
|COOKIE name||COOKIE Description|
|CART||The association with your shopping cart.|
|CATEGORY_INFO||Stores the category info on the page, that allows to display pages more quickly.|
|COMPARE||The items that you have in the Compare Products list.|
|CURRENCY||Your preferred currency|
|CUSTOMER||An encrypted version of your customer id with the store.|
|CUSTOMER_AUTH||An indicator if you are currently logged into the store.|
|CUSTOMER_INFO||An encrypted version of the customer group you belong to.|
|CUSTOMER_SEGMENT_IDS||Stores the Customer Segment ID|
|EXTERNAL_NO_CACHE||A flag, which indicates whether caching is disabled or not.|
|FRONTEND||You sesssion ID on the server.|
|GUEST-VIEW||Allows guests to edit their orders.|
|LAST_CATEGORY||The last category you visited.|
|LAST_PRODUCT||The most recent product you have viewed.|
|NEWMESSAGE||Indicates whether a new message has been received.|
|NO_CACHE||Indicates whether it is allowed to use cache.|
|PERSISTENT_SHOPPING_CART||A link to information about your cart and viewing history if you have asked the site.|
|POLL||The ID of any polls you have recently voted in.|
|POLLN||Information on what polls you have voted on.|
|RECENTLYCOMPARED||The items that you have recently compared.|
|STF||Information on products you have emailed to friends.|
|STORE||The store view or language you have selected.|
|VIEWED_PRODUCT_IDS||The products that you have recently viewed.|
|WISHLIST||An encrypted list of products added to your Wishlist.|
|WISHLIST_CNT||The number of items in your Wishlist.|