Terms of service
These Terms were last updated on 4 November 2025.
1. Overview
1.1 This website is operated by Wish for a Butterfly (“we”, “us”, and “our”).
1.2 By visiting, engaging with our website, communicating with us, and/or when you order one or more of our products (Products) through the website or by other means (e.g., in person, over the phone or email), you agree to be bound by these Online Terms (Terms) and our Privacy Policy and Collection Notice.
1.3 You are required to carefully read these Terms prior to accessing or using our website or engaging with us. Should you not agree to these Terms, you must immediately cease all access to and use of the website, discontinue engagement with us and refrain from ordering any Products.
1.4 We reserve the right to update the Terms and Policies from time to time. While we endeavour to take reasonable steps to inform visitors, users and customers (“users”, “you”, “your”) of updates, such updates are not always possible. By continuing to access or use our website, communicate with us, or order Products, you agree to review these Terms and Policies periodically and be bound by any updates.
2. Product and Website Information
2.1 While we strive to ensure the accuracy of information on our website and in our materials, documents, media, Product descriptions and related content (Our Information), we do not warrant the accuracy of Our Information.
2.2 Our Information and Products, including our wellbeing card decks, address sensitive topics such as trauma, bereavement, and health. Our Products are intended only to be used as useful resources for personal reflection and self-exploration.
2.3 By using our website and purchasing our Products, you acknowledge and agree that:
(a) Our Information and Products are not intended to be, and should not be construed or relied on as, a substitute for professional medical advice, diagnosis, or treatment;
(b) Our Products are not therapeutic instruments and do not constitute a therapeutic service; and
(c) you must not use our Products to diagnose or treat any health condition;
(d) if you have a pre-existing mental or physical health condition, you must consult with a qualified healthcare professional before using our Products to ensure they are suitable for you.
3. General Conditions and User Warranty
3.1 Users must be over 18 years of age or of legal age in their jurisdiction to order Products and if you are under that age, you must not visit this website without adult supervision.
3.2 To the maximum extent permissible by law, we reserve the right to refuse sales or supply of Products to any person.
3.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this website or our Products without our express written permission.
3.4 You warrant that you are of sound mind to make a purchasing decision and are engaging with our website and purchasing our Products voluntarily. You further warrant that you will not rely on our Products for the treatment or support for any health condition.
4. Online Product Orders
4.1 Where we sell any Product via a third-party marketplace, platform or vendor that purchase will be subject to those third party’s terms and policies. We will provide direct support only where Products are purchased directly from us.
4.2 Where we sell any Product via our website or directly from us, we accept payment through third-party secure payment processors (Payment Processors). By placing an order, You agree to review those Payment Processors’ terms before placing any Product Order.
4.3 You may create an account on our online store to track Product orders & fulfillment and keep your personal information up to date. You warrant that the information you provide is accurate, complete and current.
4.4 Acting reasonably, we reserve the right, in our sole discretion to refuse service, remove or edit any content and decline Product order/s.
4.5 The Product images are for presentation purposes only. The ordered products may have minor differences (for example, colour and form) compared to the photos we publish.
4.6 If you wish to cancel, change or make a complaint about your order or seek an exchange or refund of a Product, please contact us using the details on the contact page of our website. We will endeavour to reasonably address your enquiry in accordance with our Policies.
4.7 For change-of-mind returns, our Policies may differ for third-party sales and wholesale customers. Marketplaces (such as Amazon, eBay) may have separate mandatory or optional return policies which you agree to when purchasing a Product through those platforms.
5. Application to All Product Sales
5.1 These Terms apply to all sales conducted directly with us, including but not limited to, purchases made through our website, via email, over the phone, or in person at markets or events. For any direct purchase not made via our website, these Terms are deemed accepted upon your payment of an invoice or at the point of sale.
5.2 These Terms do not apply to purchases made through third-party marketplaces such as Amazon, eBay, or Etsy. Where Products are sold via third-party marketplaces, platforms or vendors, the sales will be subject to that third party’s terms and policies.
6. Third Party Content
6.1 Our Information may include information, content, materials or links to content of third parties (Third Party Content).
6.2 You agree to perform your own research into the Third Party Content and we make no representation of the accuracy or truthfulness of any Third Party Content and we provide such content for Users’ convenience. Therefore, you agree that you will not rely on the accuracy, truthfulness of such Third Party Content.
7. User Generated Content (UGC)
7.1 If you send comments or information to us, such as creative ideas, suggestions, reviews, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, UGC), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use that UGC in any media and format. While you grant us this broad license to your UGC, your submission of personal information, including any personal details you voluntarily include within your UGC, is governed by our Privacy Policy. We are and shall be under no obligation:
(a) to maintain any UGC in confidence;
(b) to pay compensation for any UGC; and
(c) to observe your Moral Rights, as defined under the Copyright Act 1968 (Cth), and you irrevocably waive your moral rights, including, without limitation, the right of attribution in relation to your UGC.
7.2 We reserve the right to edit or remove any UGC that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.
7.3 You agree that your UGC will not violate the rights of any third-party, including rights in copyright, trademark or privacy. You further agree that your UGC will not contain defamatory or otherwise unlawful, abusive or obscene material.
7.4 You agree to indemnify and continue to indemnify any loss or damage we suffer in connection with your breach of this UGC clause.
8. Personal information
Your submission of personal information through this website is governed by our Privacy Policy.
9. Errors, inaccuracies and omissions
9.1 Occasionally, information presented on our website may contain typographical errors, inaccuracies, or omissions pertaining to Product descriptions, pricing, promotions, offers, delivery charges or Product availability. We reserve the right to correct, update and amend any such inaccuracies at any time without notice. Should an error materially affect your order, we will promptly notify you and offer relevant remedies, including cancellation, refund or correction as required by the Australian Consumer Law under Schedule 2 of the Competition and Consumer Act 2010 (ACL).
9.2 We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information - except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
10. Intellectual property
Intellectual property rights, including but not limited to, copyright and trade marks, that subsist in the Products and Our Information remains our property. You agree to indemnify us and keep us indemnified for any loss we suffer due to your breach of our intellectual property rights.
11. Title and Risk
Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.
12. Prohibited Use
12.1 In addition to other prohibitions as set out in these Terms, you are prohibited from using the website or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or State regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the internet.
12.2 You agree to indemnify us and keep us indemnified for your breach of this clause.
13. Severability
If any provision (or part of a provision) of these Terms is determined to be unlawful, void or unenforceable, those terms will be severed from these Terms and the remaining terms will remain in full force and effect.
14. Entire agreement
14.1 These Terms and the Policies, as updated from time to time, constitutes the entire agreement and understanding between you and us and the Terms and Policies supersedes any prior agreements, communications and proposals, whether oral or written, between you and us.
14.2 Any ambiguities in the interpretation of these Terms will not be construed against the party that was responsible for preparing the Terms.
15. Governing law
These Terms are governed by the laws of Queensland, Australia. For international or offshore sales, local consumer protection rights will apply to the extent required by law.
16. Contact information
You may contact us regarding payments, delivery, refunds, return policies, or consumer guarantees at any time using the contact details provided on our website.
17. Dispute Resolution
Should a dispute arise between you and us, we strongly encourage you to contact us directly to seek a resolution. If we are unable to resolve the dispute, both parties agree to first attempt to resolve the dispute through mediation with a mutually agreed-upon mediator in Queensland, Australia, before pursuing any other legal action. Each party will be responsible for their own costs in mediation. Nothing in these Terms will prevent a party from seeking urgent injunctive relief.
18. Force Majeure
We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is caused by a circumstance beyond our reasonable control, including but not limited to, acts of God, war, terrorism, pandemics, riots, strikes or other industrial action, floods, fire, government restrictions, or major interruptions to transportation or supply chains. We will take reasonable steps to notify you of any such event that may affect your order and our obligations under these Terms will be suspended for the duration of the event.
19. Australian Consumer Law
19.1 Our liability for failure to comply with a consumer guarantee is limited to:
(a) in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
(b) in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
19.2 Nothing in these Terms is intended to exclude or limit liability arising under the ACL to the extent that there is a statutory restriction on such exclusion or limitation, except where expressly stated.
20. Disclaimer of Liability
The following disclaimers apply to the maximum possible extent permitted by law and subject to the ACL.
20.1 Our Products are provided "as is". We expressly exclude all implied warranties, conditions, and representations in relation to our Products and Our Information.
20.2 These Terms exclude the application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention).
20.3 We are not responsible for customs, duties, or restrictions for deliveries outside Australia.
20.4 We do not warrant, and we expressly disclaim liability for any loss or damage you suffer or incur, due to the conduct or the services of third parties including (without limitation) delivery companies, platforms and marketplaces, Payment Processors and third party sites, services and information we may recommend or provide links to.
20.5 We expressly disclaim all liability for Third Party Content.
21. Limitation of Liability
21.1 Our total aggregate liability to you is limited to the value of the Product(s) you purchased from us, or from our authorised resellers or other third parties that have been authorised by us to sell our Products.
21.2 Neither you nor we will be liable for any indirect, incidental, or consequential losses, including any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes any lost profits, revenue, savings, or data, or any similar loss, liability, or damage, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from our website, the Products, or reliance on or use of Our Information, or any loss or damage of any kind under or in connection with these Terms and Policies. This limitation of liability does not apply to loss or liability a party suffers or incurs under an indemnity.