| The Pampered Parrot |
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and THE PAMPERED PARROT. 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 "THE PAMPERED PARROT" shall relate to THE PAMPERED
PARROT 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 THE PAMPERED PARROT 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 THE PAMPERED
PARROT. 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 THE PAMPERED PARROT 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 FL,
WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE
FEDERAL OR STATE COURTS LOCATED IN HILLSBROUGH COUNTY, FL 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 THE PAMPERED
PARROT is THE PAMPERED PARROT'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
THE PAMPERED PARROT 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 A&E CAGE CO 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.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit download speed to 53Kbps.
Third-Party Product and Y2K Disclaimer
All products sold by THE PAMPERED PARROT are third party products and are subject to the warranties and
representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, THE
PAMPERED PARROT makes no representation or warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, THE PAMPERED PARROT 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 THE PAMPERED PARROT uses reasonable efforts to include accurate and up-to-date information on the Site,
THE PAMPERED PARROT makes no warranties or representations as to the Site's accuracy. THE PAMPERED
PARROT assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
THE PAMPERED PARROT 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. THE
PAMPERED PARROT 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, A&E CAGE CO 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), THE PAMPERED
PARROT'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). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in
TAMPA,FL. 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 THE PAMPERED PARROT until accepted by THE PAMPERED PARROT. Terms of
payment are within THE PAMPERED PARROT's sole discretion. Invoices are due and payable within the time period
noted on the invoice, measured from the date of the invoice. THE PAMPERED PARROT 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 THE PAMPERED PARROT 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
THE PAMPERED PARROT offers a 30 days return policy on selected items based on manufacturer return policies. For
further information not listed, please contact your THE PAMPERED PARROT account manager.
Please call 813-476-6220 or e-mail our Returns Department at info@thepamperedparrot.com to obtain a Return
Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without
an RMA number. For faster service, please have the following information on hand when calling for an RMA number:
customer name, invoice number, serial number and nature of the problem.
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; THE PAMPERED PARROT will match your shipping
method on your replacement or exchange item(s).
THE PAMPERED PARROT 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 THE PAMPERED PARROT to file a damage
claim. Save the merchandise AND the original box and packing it arrived in, notify THE PAMPERED PARROT
immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify THE
PAMPERED PARROT 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 813-476-6220 or your THE PAMPERED
PARROT account manager to arrange for carrier inspection and a pick up of damaged merchandise.
DEFECTIVE returns can be returned directly to THE PAMPERED PARROT within 30 days from the invoice date, at THE
PAMPERED PARROT'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 THE PAMPERED PARROT within 30 days from the invoice date,
at THE PAMPERED PARROT's discretion for: credit, exchange. All NON-DEFECTIVE returns are subject to a 15 percent
restocking fee unless otherwise specified by THE PAMPERED PARROT.
Due to manufacturers' policies, THE PAMPERED PARROT cannot accept returns of the following items for exchange,
replacement or credit FOR ANY REASON: Soiled or used bird or human apparel. DEFECTIVE merchandise can be
returned for REPAIR ONLY to: THE PAMPERED PARROT, the manufacturer direct or any authorized service center in
your area. Additional manufacturers may be added to this list as: manufacturer policies change, manufacturer goes out
of business or in the case of specially ordered items.
THE PAMPERED PARROT reserves the right to authorize product returns beyond 30 days from the invoice date.
Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back
to THE PAMPERED PARROT on returned items, and THE PAMPERED PARROT will pay the shipping charges on the
replacement or exchange item(s) going back.
No refunds. Store credit only.
Credit Cards
Credit card charges are processed online after ordering the products and/or services. Time of shipment is less than one
week. THE PAMPERED PARROT does not apply any surcharge for credit cards.
This Sale Agreement is a legal contract between the Customer and THE PAMPERED PARROT. 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 "THE PAMPERED PARROT" shall relate to THE PAMPERED
PARROT 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 THE PAMPERED PARROT 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 THE PAMPERED
PARROT. 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 THE PAMPERED PARROT 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 FL,
WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE
FEDERAL OR STATE COURTS LOCATED IN HILLSBROUGH COUNTY, FL 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 THE PAMPERED
PARROT is THE PAMPERED PARROT'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
THE PAMPERED PARROT 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 A&E CAGE CO 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.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit download speed to 53Kbps.
Third-Party Product and Y2K Disclaimer
All products sold by THE PAMPERED PARROT are third party products and are subject to the warranties and
representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, THE
PAMPERED PARROT makes no representation or warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, THE PAMPERED PARROT 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 THE PAMPERED PARROT uses reasonable efforts to include accurate and up-to-date information on the Site,
THE PAMPERED PARROT makes no warranties or representations as to the Site's accuracy. THE PAMPERED
PARROT assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
THE PAMPERED PARROT 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. THE
PAMPERED PARROT 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, A&E CAGE CO 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), THE PAMPERED
PARROT'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). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in
TAMPA,FL. 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 THE PAMPERED PARROT until accepted by THE PAMPERED PARROT. Terms of
payment are within THE PAMPERED PARROT's sole discretion. Invoices are due and payable within the time period
noted on the invoice, measured from the date of the invoice. THE PAMPERED PARROT 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 THE PAMPERED PARROT 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
THE PAMPERED PARROT offers a 30 days return policy on selected items based on manufacturer return policies. For
further information not listed, please contact your THE PAMPERED PARROT account manager.
Please call 813-476-6220 or e-mail our Returns Department at info@thepamperedparrot.com to obtain a Return
Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without
an RMA number. For faster service, please have the following information on hand when calling for an RMA number:
customer name, invoice number, serial number and nature of the problem.
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; THE PAMPERED PARROT will match your shipping
method on your replacement or exchange item(s).
THE PAMPERED PARROT 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 THE PAMPERED PARROT to file a damage
claim. Save the merchandise AND the original box and packing it arrived in, notify THE PAMPERED PARROT
immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify THE
PAMPERED PARROT 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 813-476-6220 or your THE PAMPERED
PARROT account manager to arrange for carrier inspection and a pick up of damaged merchandise.
DEFECTIVE returns can be returned directly to THE PAMPERED PARROT within 30 days from the invoice date, at THE
PAMPERED PARROT'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 THE PAMPERED PARROT within 30 days from the invoice date,
at THE PAMPERED PARROT's discretion for: credit, exchange. All NON-DEFECTIVE returns are subject to a 15 percent
restocking fee unless otherwise specified by THE PAMPERED PARROT.
Due to manufacturers' policies, THE PAMPERED PARROT cannot accept returns of the following items for exchange,
replacement or credit FOR ANY REASON: Soiled or used bird or human apparel. DEFECTIVE merchandise can be
returned for REPAIR ONLY to: THE PAMPERED PARROT, the manufacturer direct or any authorized service center in
your area. Additional manufacturers may be added to this list as: manufacturer policies change, manufacturer goes out
of business or in the case of specially ordered items.
THE PAMPERED PARROT reserves the right to authorize product returns beyond 30 days from the invoice date.
Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back
to THE PAMPERED PARROT on returned items, and THE PAMPERED PARROT will pay the shipping charges on the
replacement or exchange item(s) going back.
No refunds. Store credit only.
Credit Cards
Credit card charges are processed online after ordering the products and/or services. Time of shipment is less than one
week. THE PAMPERED PARROT does not apply any surcharge for credit cards.