BY VISITING, BROWSING, SHOPPING,
ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY MY SAFE BIRD
STORE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important
Information About This Legal Contract You agree to this User Agreement, and
all of its terms and conditions, by visiting, browsing, shopping, accessing or
otherwise using the Site. These terms and conditions are subject to change
without prior notice at any time, in MY SAFE BIRD STOREs sole discretion. By
visiting, browsing, shopping, accessing or otherwise using the Site after a
change has been posted to the Site, the Customer accepts that change. Customers
should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms This User Agreement, and all of its
terms and conditions, constitute a legal contract between you and MY SAFE BIRD
STORE (References to "you" or "your" shall relate to a customer of MY SAFE BIRD
STORE or other party that visits, browses, shops, accesses or otherwise uses the
Site (the "Customer"); references to "MY SAFE BIRD STORE" shall relate to MY
SAFE BIRD STORE and its affiliates.) By visiting, browsing, shopping, accessing
or otherwise using this site ("Site"), you acknowledge that you have read,
understood, and agree to be bound by this User Agreement and comply with all
applicable laws and regulations, including U.S. export and re-export control
laws and regulations. If you do not agree to this User Agreement, as it may be
changed by MY SAFE BIRD STORE from time to time, do not use this Site. The
material provided on this Site is protected by law, including, but not limited
to, United States copyright law and international treaties. This Site is
controlled and operated by MY SAFE BIRD STORE from its offices within the United
States. MY SAFE BIRD STORE makes no representation that materials in the Site
are appropriate or available for use in other locations, and access to them from
territories where their contents are illegal is not authorized. Those who choose
to access this Site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws. Any claim relating to,
and the use of, this Site and the materials contained herein is governed by the
laws of the state of NJ without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in USA County, NJ to hear
any such claims.
Access, Interference and Linking MY SAFE BIRD STORE
grants you a limited license to access and make personal use of the Site and not
to download (other than page caching) or modify it, or any portion of it, except
as provided below under "Use Restrictions," or with express written consent of
MY SAFE BIRD STORE. The following activity on the Site is expressly
prohibited: Any non-personal or commercial use of any robot, spider, other
automatic device, or manual process to monitor or copy portions of the Site or
the content contained herein without prior written permission by MY SAFE BIRD
STORE; collection or use of any product listings, descriptions, or prices, from
the Site for the benefit of another merchant that supplies products competitive
with or comparable to those offered on the Site; and, Any use of, visits to, or
other action that imposes an unreasonable or disproportionately large load on
the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by MY SAFE BIRD
STORE. You are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of the Site so long as the link does not portray MY
SAFE BIRD STORE, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any MY
SAFE BIRD STORE logo or other proprietary graphic or trademark as part of the
link without express written permission. MY SAFE BIRD STORE does not review
or control third-party sites that link to or from the Site, and is not
responsible for the contents of any third-party sites linked to or from the
Site.
Microsoft and the Passport Logo are either registered trademarks
or trademarks of Microsoft Corporation in the United States and/or other
countries and are used under license from Microsoft.
Limitation of
Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL MY SAFE BIRD STORE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT,
ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE,
EVEN IF MY SAFE BIRD STORE OR A MY SAFE BIRD STORE AUTHORIZED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM
THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
Arbitration By accessing the Site
and using the information therein available and/or by purchasing any products or
services made available through this Site, you agree with MY SAFE BIRD STORE,
its service providers, agents, employees, successors, assigns, affiliates,
parents, subsidiaries and any content provider or offer or of goods or services
on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE
UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY
OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR
OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of
Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim
is filed. The Code is available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision
included in this User Agreement, this arbitration agreement is subject to the
Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New Jersey Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete arbitration.
Privacy Please review our Privacy Notice, which also governs your
visit to this Site. You are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. If you are under 18, you may use the Site only with a
parent or guardian. MY SAFE BIRD STORE reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in its sole
discretion.
Communications to MY SAFE BIRD STORE Any communication
or material you transmit to the Site by electronic mail or otherwise, including
any data, questions, comments, suggestions, or the like is, and will be treated
as, non-confidential and non-proprietary. Anything you transmit or post may be
used by MY SAFE BIRD STORE for any purpose, including but not limited to
reproduction, disclosure, transmission, publication, broadcast, and posting.
Furthermore, MY SAFE BIRD STORE is free to use any ideas, concepts, know-how, or
techniques contained in any communication you send to MY SAFE BIRD STORE or the
Site for any purpose whatsoever, including but not limited to developing,
manufacturing and marketing products using such information.
Copyright
Complaints If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact: MY SAFE BIRD STORE 62
Princeton Drive Delran, NJ 08075 Phone: 732-737-1010 Email: orders@mysafebirdstore.com
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement,
please do not visit, browse, shop, access or otherwise use this Site.
MY SAFE BIRD STORE Terms and
Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE
("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY
THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER
HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH MY SAFE BIRD STORE. IN
WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information
About This Legal Contract This Sale Agreement is a legal contract between
the Customer and MY SAFE BIRD STORE. The Customer accepts this Sale Agreement by
making a purchase, placing an order, or otherwise shopping on the Site.
(References to "you" or "your" shall relate to the Customer; references to "MY
SAFE BIRD STORE" shall relate to MY SAFE BIRD STORE and its affiliates.) The
terms and conditions of this Sale Agreement are subject to change without prior
notice, except that the terms and conditions posted on the Site at the time the
Customer initially places or modifies an order will govern the order in
question.
This Sale Agreement constitutes the entire agreement between
the Customer and MY SAFE BIRD STORE relating to the purchase or sale of goods or
services on the Site. The Sale Agreement may only be modified or terminated with
regard to goods or services that have been purchased or sold on the Site in a
writing signed by MY SAFE BIRD STORE. Electronic records (including signatures),
that are otherwise valid, shall be accepted under the Sale Agreement. The
Customer consents to receiving electronic records, which may be provided via a
web browser or e-mail application connected to the Internet; consumers may
withdraw consent to receiving electronic records or have the record provided in
non-electronic form by contacting MY SAFE BIRD STORE at the address provided
below.
In the event of any conflict between the terms and conditions
stated on your purchase order and this Sale Agreement or any terms and
conditions on our invoice, you agree that the provisions of this Sale Agreement
and our invoice shall control.
Governing Law THIS AGREEMENT AND ANY
SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NJ, WITHOUT REGARD
TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE
FEDERAL OR STATE COURTS LOCATED IN USA COUNTY, NJ FOR PURPOSES OF ANY SUIT,
ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of
Loss Title to goods herein being purchased is retained by the seller until
goods are paid for by the purchaser and at that time title passes to the
purchaser. Loss or damage that occurs during shipping by a carrier selected by
MY SAFE BIRD STORE is MY SAFE BIRD STORE's responsibility. Loss or damage that
occurs during shipping by a carrier selected by Customer is Customer's
responsibility. Title to software will remain with the applicable licensor(s).
Export Sales If goods herein being purchased are being purchased for
purposes of export, the Customer must obtain from the federal government certain
export documentation before shipping to a foreign country. In addition,
manufacturers' warranties for exported goods may vary or even be null and void
for goods exported outside the United States. The Customer should inquire
further regarding any questions. Any and all liability is only for the products
purchased.
General Legal Disclaimer MY SAFE BIRD STORE HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS DISCLAIMER BY MY SAFE BIRD STORE IN NO WAY AFFECTS THE TERMS OF
THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer Internet
connectivity requires access services from an Internet access provider. Contact
your local access provider for rates, terms and conditions.
Pricing
and Information Disclaimer All pricing subject to change. For all prices,
products and offers, MY SAFE BIRD STORE reserves the right to make adjustments
due to changing market conditions, product discontinuation, manufacturer price
changes, errors in advertisements and other extenuating circumstances. High
volume bids are welcome! While MY SAFE BIRD STORE uses reasonable efforts to
include accurate and up-to-date information on the Site, MY SAFE BIRD STORE
makes no warranties or representations as to the Site's accuracy. MY SAFE BIRD
STORE assumes no liability or responsibility for any errors or omissions in the
content on the Site.
Limitation of Liability MY SAFE BIRD STORE WILL
NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL,
SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED
HEREIN. MY SAFE BIRD STORE WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING
AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES
THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, MY SAFE
BIRD STORE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS
AGREEMENT.
Arbitration ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER
IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND
INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising
from or relating to this Sale Agreement, its interpretation, or the breach,
termination or validity thereof, the relationships which result from this Sale
Agreement (including, to the full extent permitted by applicable law,
relationships with third parties who are not signatories to this Sale
Agreement), MY SAFE BIRD STORE's advertising, or any related purchase SHALL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE
NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The
Code is available at http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of law provision included in
this Sale Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New Jersey Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code. Judgment on the award rendered by the arbitrator(s) may
be entered by any court having jurisdiction. Each party shall bear its own cost
of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest; Taxes Orders are not
binding upon MY SAFE BIRD STORE until accepted by MY SAFE BIRD STORE. Terms of
payment are within MY SAFE BIRD STORE's sole discretion. Invoices are due and
payable within the time period noted on the invoice, measured from the date of
the invoice. MY SAFE BIRD STORE may invoice parts of an order separately.
Customer agrees to pay interest on all past-due sums at the highest rate allowed
by law. The Customer is responsible for sales and all other taxes associated
with the order.
Freight Policy Shipping and handling charges on all
orders vary; contact your MY SAFE BIRD STORE account manager for our most
current and competitive rates, options and shipping specials. For the Customer's
protection, we ship only to the verified billing address of the Customer's
credit card. In some circumstances, international shipping may be available.
Call for details.
Return Policy
MY SAFE BIRD STORE offers a 30
days return policy on selected items based on manufacturer
return policies. For further information not listed, please contact your MY SAFE
BIRD STORE account manager. Unless an item arrives damaged, if it has been
opened, MY SAFE BIRD STORE cannot accept returns in conjunction with our strict
biosecurity protocols.
Please call 732-737-1010 or e-mail our Returns
Department at orders@mysafebirdstore.com to report your return and the reason
therefor. A determination will be made at that time.
All products returned MUST: be 100 percent complete,
contain ALL original boxes and packing materials, have original
UPC codes on the manufacturer boxes, contain all manuals, blank warranty cards
and other accessories and documentation provided by the manufacturer.
You are responsible for shipping charges on returned items.
Returns on items that originally qualified for free
shipping will result in the Customer paying the shipping charges of MY SAFE
BIRD STORE should the balance, after the return, fall below the required
free shipping and/or shipping promotion amount.
MY
SAFE BIRD STORE strongly recommends you fully insure your return shipment in
case it is lost or damaged and you use a carrier that can provide you with proof
of delivery for your protection.
If merchandise
arrives damaged: it is best to REFUSE it back to the carrier attempting
delivery. If you accept the package make sure it is noted on the
carrier's delivery record in order for MY SAFE BIRD STORE to file a damage
claim. Save the merchandise AND the original box and packing it arrived in,
notify MY SAFE BIRD STORE immediately to arrange for a carrier inspection and a
pick up of damaged merchandise. If you do not notify MY SAFE BIRD STORE of
damaged goods within the first 15 days of arrival, our regular return policy
will override any claim of damage, and will fall under all current manufacturer
restrictions. Call 732-737-1010 or your MY SAFE BIRD STORE account manager to
arrange for carrier inspection and a pick up of damaged merchandise.
DEFECTIVE returns can be returned directly to MY SAFE BIRD STORE within
30 days from the invoice date, at MY SAFE BIRD STORE's discretion for: credit,
replacement, exchange or repair.
Manufacturer restrictions do apply and
are outlined in our detailed policy. Any item that is missing the UPC can ONLY
be replaced with the same item. After 30 days, all manufacturers' warranties
apply.
NON-DEFECTIVE returns can be accepted directly by MY SAFE BIRD
STORE within 30 days from the invoice date, at MY SAFE BIRD STORE's
discretion for: credit or exchange. All NON-DEFECTIVE returns may be
subject to a 5 percent restocking fee unless otherwise specified by MY SAFE BIRD
STORE.
Due to manufacturers' policies, MY SAFE BIRD STORE cannot accept
returns of the following items for exchange, replacement or credit FOR ANY
REASON: Soiled, opened or used bird or human apparel. DEFECTIVE merchandise
can be returned to: MY SAFE BIRD STORE.
MY SAFE BIRD STORE reserves the
right to authorize product returns beyond 30 days from the invoice date.
Customers are responsible for all shipping charges back to MY SAFE BIRD STORE on
returned items, and MY SAFE BIRD STORE will pay the shipping charges on the
replacement or exchange item(s) going back in the event the return is the fault
of MY SAFE BIRD STORE.
Credit Cards Credit card charges are
processed online after ordering the products and/or services. Time of shipment
is less than one week. MY SAFE BIRD STORE does not apply any surcharge for
credit cards.
MY SAFE BIRD STORE
62 Princeton Drive
Delran, NJ 08075
United States
Ph: 732-737-1010
e-mail: orders@mysafebirdstore.com
