Terms & Conditions
Please read these 'Terms and Conditions' ("Terms", "Terms of Service") carefully before using the https://fancyfeathers.shop website (the "Service") operated by Fancy Feathers, New Jersey, ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of the terms and conditions then you do not have permission to access the Service.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Shipping Delays
All orders are shipped on a first come, first served basis.
Shipping times vary depending on the birds ordered and their specific assigned 'Estimated Delivery Time' (EDT). If you are considering a mix of common birds which are typically kept in stock or have a short EDT, and birds with longer EDTs within your order, we advise that you submit two separate orders so that we can ship your common birds more quickly. Birds with longer EDTs will be shipped when they become available. Putting birds with different EDTs in your order could cause substantial delays in shipping.
In addition, delays in shipping may occur as a statement of unforeseen weather events, bacteria or virus conditions, and or additional conditions that may interrupt the normal process of quality control and or shipping. The Fancy Feathers Co. will make best efforts to deliver your order as soon as time and conditions permit. However, unexpected delays may occur, and during such events, refunds are not applicable. The nature of live companion pets and the complexity of their product types warrant patience and understanding. The Fancy Feathers Co. will endeavor to communicate during any such events.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Live Arrival Guarantee
We take great pride in shipping healthy and active birds to our customers. If a bird has perished upon arrival, you will be provided a Fancy Feathers Credit for the amount paid on the perished bird. The credit (coupon code) can be used for a future purchase of anything on our webstore. If you choose to replace a perished bird any shipping costs, including travel boxes necessary to ship live birds, are solely the responsibility of the customer.
To honor our guarantee, we require notification, in writing, within 24 hours of receipt, along with a picture of the perished bird sent to us.
Note: Periodically, some birds may have missing toe nails or toes. This is common among many species of birds as a result of birth defects or injuries throughout early stages of life. We perform rigorous quality control and inspect each bird's ability to perch and thrive prior to shipment.
All birds go through a series of quality control points. Some health conditions are unable to be detected by visual inspection and many times it is not possible to determine what conditions may emerge due to shipping stress and stress of a new environment. Once you receive your bird(s), new owners are solely responsible for any medical expenses that may arise.
Our quality control standards are our policy.
Cancellation and Refund Policy
Due to the complexity of our supply chain management and inventory systems, live animal orders are unavailable for modification, cancellation, returns or refunds once your order is placed.
If you wish to purchase an additional live animal after your order has been placed, you will need to place a second order, as we are not able to add to existing live orders placed.
Any fees assessed for non-pickup of live animals will the be sole responsibility of the customer.
ALL LIVE ANIMAL SALES ARE FINAL.
Cancellation and Refund Policy Regarding Non-Live Products
Customers are responsible for paying any shipping costs associated with any returns. Customers can exchange non-live products for a new item or return the product for a full refund or credit. Customers are required to contact us prior to returning any products. It is the Customer's Responsibility to pay any restocking fees associated with any returns of merchandise. All non-live products returned are subject to a 20% restocking fee. Sale items are not eligible for refunds or credit.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of The Fancy Feathers Co., dba The Fancy Feathers .Com, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The Fancy Feathers Co., dba The Fancy Feathers .Com, Inc..
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Fancy Feathers.
Fancy Feathers has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Fancy Feathers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is made we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.