Terms And Conditions
Terms and Conditions
In using this website you are deemed to
have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement
Our Privacy Policy can be viewed at http://www.thepamperedparrot.com/pages/privacy-policy
Return Policy
All items deemed defective by us (The Pampered Parrot Staff) or it's representatives will be replaced if:
1. You, the purchaser, contact us within 7 business days of the official delivery confirmation via email. Store credit or a replacement will be given for all defective items. Business days are Monday-Friday, excluding Federal Holidays. Return shipping will be credited at the discretion of The Pampered Parrot Staff or it's representatives.
Due to the nature of the items sold from this site, returning items that are not defective is strictly prohibited. Many species of Parrots and Birds can carry diseases that could be transmitted by returning used items to stock. This policy is strictly enforced.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To
the fullest extent permitted by law, this Company:
§ excludes all representations and
warranties relating to this website and its contents or which is or may be
provided by any affiliates or any other third party, including in relation to
any inaccuracies or omissions in this website and/or the Company’s literature;
and
§ excludes all liability for damages
arising out of or in connection with your use of this website. This includes,
without limitation, direct loss, loss of business or profits (whether or not
the loss of such profits was foreseeable, arose in the normal course of things
or you have advised this Company of the possibility of such potential loss),
damage caused to your computer, computer software, systems and programs and the
data thereon or any other direct or indirect, consequential and incidental
damages.
This
Company does not however exclude liability for death or personal injury caused
by its negligence. The above exclusions and limitations apply only to the
extent permitted by law. None of your statutory rights as a consumer are
affected.
Payment
All major
Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable methods
of payment through our payment processor PayPal, Flagship Merchant Services, and Linkpoint/First Data Gateway. Problems with PayPal payment approval need to be resolved with PayPal exclusively. We use a merchant account access gateway to process payments if you choose not to use PayPal payments . All payments are processed independently, solely at the discretion of PayPal and your bank, or at the discretion of our payment gateway processor. All goods remain
the property of the Company until paid for in full.
Cancellation
Policy
Minimum 24 hours notice of cancellation required. Notification for instance, via email, will be accepted by contacting our Contact Us Page / http://www.thepamperedparrot.com/pages/contact
Termination of Agreements and Refunds
Policy
Both the Client and
ourselves have the right to terminate any Services Agreement for any reason,
including the ending of services that are already underway. No refunds shall be
offered, where a Service is deemed to have begun and is, for all intents and
purposes, underway. Any monies that have been paid to us which constitute
payment in respect of the provision of unused Services, shall be refunded.
Availability
Unless
otherwise stated, the products and services featured on this website are only available
within the United States, or in relation to postings from the United States.
All advertising is intended solely for the United States Market. You are
solely responsible for evaluating the fitness for a particular purpose of any
downloads, programs and text available through this site. Redistribution or
republication of any part of this site or its content is prohibited, including
such by framing or other similar or any other means, without the express
written consent of the Company. The Company does not warrant that the service
from this site will be uninterrupted, timely or error free, although it is
provided to the best ability. By using this service you thereby indemnify this
Company, its employees, agents and affiliates against any loss or damage, in
whatever manner, howsoever caused.
Our Current Shipper Does not Ship to PO Boxes - Please ensure you provide a non po box shipping address. Thanks!
Links to this website
You may create a link to any page of this website without our prior written
consent. If you do create a link to a page of this website you do so at your
own risk and the exclusions and limitations set out above will apply to your
use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are
linked to from this website. Opinions expressed or material appearing on such
websites are not necessarily shared or endorsed by us and should not be
regarded as the publisher of such opinions or material. Please be aware that we
are not responsible for the privacy practices, or content, of these sites. We
encourage our users to be aware when they leave our site & to read the
privacy statements of these sites. You should evaluate the security and
trustworthiness of any other site connected to this site or accessed through
this site yourself, before disclosing any personal information to them. This
Company will not accept any responsibility for any loss or damage in whatever
manner, howsoever caused, resulting from your disclosure to third parties of
personal information.
Copyright Notice
Copyright
and other relevant intellectual property rights exists on all text relating to
the Company’s services and the full content of this website.
Communication
We
have several different e-mail addresses for different queries. These, &
other contact information, can be found on our Contact Us link on our website or via Company literature or via the
Company’s stated telephone, facsimile or mobile telephone numbers.
Force Majeure
Neither party shall be
liable to the other for any failure to perform any obligation under any
Agreement which is due to an event beyond the control of such party including
but not limited to any Act of God, terrorism, war, Political insurgence,
insurrection, riot, civil unrest, act of civil or military authority, uprising,
earthquake, flood or any other natural or man made eventuality outside of our
control, which causes the termination of an agreement or contract entered into,
nor which could have been reasonably foreseen. Any Party affected by such event
shall forthwith inform the other Party of the same and shall use all reasonable
endeavours to comply with the terms and conditions of any Agreement contained
herein.
Waiver
Failure of either
Party to insist upon strict performance of any provision of this or any
Agreement or the failure of either Party to exercise any right or remedy to
which it, he or they are entitled hereunder shall not constitute a waiver
thereof and shall not cause a diminution of the obligations under this or any
Agreement. No waiver of any of the provisions of this or any Agreement shall be
effective unless it is expressly stated to be such and signed by both Parties.
General
The
laws of The United States Of America and Michigan (a state) govern these terms and conditions. By accessing this
website and by purchasing our products and services you
consent to these terms and conditions and to the exclusive jurisdiction of the United States Courts in all disputes arising out of such access. If any of these
terms are deemed invalid or unenforceable for any reason (including, but not
limited to the exclusions and limitations set out above), then the invalid or
unenforceable provision will be severed from these terms and the remaining
terms will continue to apply. Failure of the Company to enforce any of the
provisions set out in these Terms and Conditions and any Agreement, or failure
to exercise any option to terminate, shall not be construed as waiver of such
provisions and shall not affect the validity of these Terms and Conditions or
of any Agreement or any part thereof, or the right thereafter to enforce each
and every provision. These Terms and Conditions shall not be amended, modified,
varied or supplemented except in writing and signed by duly authorised
representatives of the Company.
Notification of Changes
The
Company reserves the right to change these conditions from time to time as it
sees fit and your continued use of the site will signify your acceptance of any
adjustment to these terms. If there are any changes to our privacy policy, we
will announce that these changes have been made on our Privacy Policy Page and on other
key pages on our site. If there are any changes in how we use our site
customers’ Personally Identifiable Information, notification by e-mail or postal
mail will be made to those affected by this change. Any changes to our privacy
policy will be posted on our web site 30 days prior to these changes taking
place. You are therefore advised to re-read this statement on a regular basis
These terms and conditions form part of
the Agreement between the Client and ourselves. Your accessing of this website
and/or undertaking of a booking or Agreement indicates your understanding,
agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions
contained herein. Your statutory Consumer Rights are unaffected.
Updated 1/18/2010
© The Pampered Parrot 2010 All Rights Reserved
