Agreement between the Buyer and E-parrots, Co. – www.e-parrots.shop
Our main objective is to sell only healthy birds. While we cannot control their environment once they have left us, if you discover an immediate problem, please take the bird to an avian veterinarian within 2 days of the date of receipt. If the veterinarian concludes that there are serious health issues and you provide us with documentation, we will grant you a store credit or pay for the care (at our discretion). If the bird is not subjected to an initial health examination after receipt, we will not be responsible for resulting issues. We cannot exchange or credit for the following: change of mind, jealousy (from other pets), allergies (we sympathize), or lack of adaptation time for the bird to adjust to its new environment.
The website www.e-parrots.shop (the “Site”) consists of different webpages operated by E-parrots, Co.. www.e-parrots.shop is offered to you subject to your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.e-parrots.shop constitutes your acceptance of all these Terms. Please carefully read these terms and keep a copy for your reference.
www.e-parrots.shop is an E-Commerce website.
The purpose of this website is to sell live pets and supplies over the internet.
Privacy
Your use of www.e-parrot.shop is subject to the privacy policy of E-parrot. Please review our privacy policy, which also governs the site and informs users of our data collection practices.
Electronic Communications
Visiting or emailing E-parrots, are considered electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and your password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. Acknowledge that E-parrot nor is liable for third party access to your account resulting from theft or misappropriation of your account. E-parrot and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or modify content at our sole discretion.
Children Under Thirteen
E-parrot does not knowingly collect, online or offline, personal information from individuals under thirteen years of age. If you are under 18, you may only use www.e-parrot.shop with the permission of a parent or guardian.
Cancellation/Refund Policy
Due to the complexity of our supply chain management and inventory systems, orders of live animals are not available for modification, cancellation, return, or refund once your order is placed. If you wish to purchase an additional live animal after you have placed your order, you will need to place a separate order, as we are unable to add to existing live orders. All fees imposed for non-pickup of live animals will be the sole responsibility of the customer
Attention: ALL SALES OF LIVE ANIMALS ARE FINAL! Your purchasing instrument or credit card will be charged the full amount of the sale. By accepting our terms and conditions, you, the consumer, agree not to cancel or chargeback the amount you transact on your card for your purchases.
Live Arrival Guarantee
If a bird has perished upon arrival, a store credit is issued. The credit will be equal to the amount paid for the bird. A generated representative will create a future purchase coupon code for acquiring additional products. If you choose to replace a deceased bird, all shipping fees, including necessary travel boxes for shipping live birds, are the sole responsibility of the customer. To honor our guarantee, we require notification, in writing, within 24 hours of receipt, accompanied by a photo of the deceased bird sent to us.
Availability, Errors, and Inaccuracies
We reserve the right to modify or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Links to Third Party Sites/Services
www.e-parrots.shop may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of E-parrot, and E-parrot is not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. E-parrot provides these links solely for your convenience, and the inclusion of any link does not imply endorsement by E-parrot of the site or any association with its operators.
Some services made available through www.e-parrot.shop are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.e-parrot.shop domain, you acknowledge and consent herewith that E-parrot may share this information and data with any third party with whom E-parrot has a contractual relationship to provide the requested product, service, or functionality on behalf of www.e-parrot.shop users and clients.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, and revocable license to access and use www.e-parrot.shop strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to E-parrot that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the site in a manner that could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as their compilation, and any software used on the Site, is the property of E-parrot or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to abide by and acknowledge all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any modifications to it.
You agree not to modify, publish, transmit, disassemble, participate in the transfer or sale, create derivative works, or exploit in any way the content, in whole or in part, found on the Site. The content of E-parrot is not intended for resale. Your use of the site does not allow you to make unauthorized use of any protected content, and in particular, you will not remove or modify any ownership rights or attribution notices in any content. You will use protected content solely for your personal use and will not make any other use of the content without the express written permission of E-parrot and the copyright owner. You agree that you will not acquire any ownership rights to protected content. We do not grant you any license, express or implied, to the intellectual property of E-parrot
Use of Communication Services
The site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
For example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines that may apply to a particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
E-parrot has no obligation to monitor the Communication Services. However, E-parrot reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. E-parrot reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason.
E-parrot reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at the sole discretion of E-parrot.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. E-parrot does not control or endorse the content, messages, or information found in any Communication Service, and therefore, E-parrot specifically disclaims any liability concerning the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized E-parrot spokespersons, and their views do not necessarily reflect those of E-parrot.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to these limitations if you download the materials.
Materials Provided to www.parrot-supply.com or Posted on Any E-parrot Web Page
E-parrot does not claim ownership of the materials you provide to www.e-parrot.shop (including feedback and suggestions) or that you post, upload, input, or submit to any E-parrot Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you grant E-parrot and our affiliated necessary sub-licensees a permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. E-parrot has no obligation to publish or use any Submission you may provide and may remove any Submission at any time in E-parrot’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions
Indemnification
You agree to indemnify, defend, and hold E-parrots, Co., its officers, directors, employees, agents, and third parties, for any loss, cost, liability, and expense (including reasonable attorney’s fees) related to or arising out of your use or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement, or your violation of any rights of a third party, or your violation of any law, rule, or regulation. E-parrots, Co. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with E-parrots, Co. in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration in accordance with the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a mutually agreed upon location. The arbitrator’s decision is final and judgment may be entered in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims concerning these Terms and Conditions or any dispute arising from these Terms and Conditions, whether directly or indirectly, including tort claims arising from these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration clause shall survive the termination of these Terms and Conditions.
Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A GENERAL PRIVATE ACTION AGAINST ANOTHER. Further, unless both you and E-perroquets, Co. agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION BELOW. THE FINCH FARM, CO. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. E-PARROQUETS, CO. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. AT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE FINCH FARM, CO. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND DISCLAIMER. -OFFENSE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
E-parrot reserves the right, at its sole discretion, to terminate your access to the Site and related services or any portion thereof at any time, without notice. To the extent permitted by law, this agreement is governed by the laws of the State of Washington, and you hereby consent to the exclusive jurisdiction of the courts of Washington for all disputes arising out of or related to the use of the site. The use of the site is not authorized in any jurisdiction that does not give effect to all provisions of these conditions, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and E-parrot as a result of this agreement or the use of the site. The performance by E-parrot of this agreement is subject to existing legal and procedural requirements, and nothing in this agreement shall derogate from the right of E-parrot to comply with governmental, judicial, and law enforcement requests or requirements relating to your use of the Site or information provided or gathered by E-parrot regarding such use. If any part of this agreement is deemed invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed replaced by a valid provision.
he Best Intent Provision: In the event a provision of this agreement is held to be invalid, the intent of the original provision will remain in effect, and the rest of the agreement will remain in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and E-parrot regarding the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and E-parrot regarding the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties expressly wish that this agreement and all related documents be drawn up in English. Effective as of 01/01/2018.
Changes to the terms
E-parrot reserves the right, at its sole discretion, to modify the terms under which www.parrot-supply.com is offered. The most current version of the terms will supersede all previous versions. E-parrot encourages you to periodically review the terms to stay informed of our updates.