These Terms and Conditions of Sale (“Terms”) govern the sale of product(s) by Bird B Gone, Inc. (“Bird B Gone”, “we” or “us”) to you. When you make a purchase from us, we ask you to confirm your acceptance of these Terms and, if you do, a contract is formed between you and Bird B Gone, subject to these Terms. These Terms comprise the entire agreement between you and Bird B Gone with respect to the goods you purchase from Bird B Gone.
We provide different ordering options. To make a purchase from us, you can:
i. Place an order securely online via our website at birdbgone.com; or
ii. Call us at (949) 472-3122 or toll-free at (800) 392-6915 between the hours of 6:00am and 5:00pm Pacific Time. If you are a business, contact us via phone for commercial pricing.
Bird B Gone reserves the right to contact you via phone, e-mail, or post mail regarding current and/or future orders placed with Bird B Gone. Any customer may opt out of receiving future contact at any time, by unsubscribing from our email correspondence.
2. ACCEPTED FORMS OF PAYMENT
We accept Visa, MasterCard, Discover and American Express. All orders must be paid in full prior to shipment. Bird B Gone will never provide your credit card or other payment details to any third party, other than for the purposes of processing payment for your order.
3. BACK ORDERS
Our vast inventory is always moving. On occasion, a product may be temporarily out of stock at the time your order is placed. You will be notified if a product is back-ordered. You are not charged for any products not shipped.
4. CHANGING YOUR ORDER
To process your order quickly, orders are placed into our system immediately. Once they are in the system, we cannot add-on or amend them. Therefore, please review your order carefully to avoid later inconvenience. If we cannot add-on or amend your order, you will need to do so in accordance with our Shipping & Returns Policy.
5. RUSH ORDERS
Rush orders are subject to an additional charge. Call us at (949) 472-3122 or toll-free at (800) 392-6915 between the hours of 6:00am and 5:00pm Pacific Time to discuss your shipping needs.
Should you wish to cancel your order, please notify us as quickly as possible. We will do our best to cancel your order, however, based upon where your order is within our fulfillment process, we may be unable to cancel your order. Any product that has shipped may be returned for a refund but will be subject to our Shipping & Returns Policy.
7. PRICE CHANGES
Online prices are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email . Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling.
Please refer to our Shipping & Returns Policy.
Please refer to our Shipping & Returns Policy.
Bird B Gone does not refund, cancel or credit your order if the service failure is caused, in whole or in part, by acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, or other circumstances beyond our control.
Please refer to our Shipping & Returns Policy.
11. TRACKING YOUR PACKAGE
Once your order has been shipped, you will receive a tracking number via e-mail. If you established an account, you can access your tracking information by accessing your account. If you did not establish an account, your tracking number is available via the shipment notification that was emailed to you.
12. DELIVERY TIME
All orders generally ship within 3-5 business days upon receipt of your order. However, your order may take longer to ship due to several factors, including availability of product(s). We make no guarantee that your order will ship within such time.
Bird B Gone utilizes third-party carriers to deliver your order and is not liable for delivery problems caused by these carriers. Bird B Gone makes no guarantee about time in transit of any shipping method. In the event an order is lost, misplaced or damaged while in transit, a notification of non-receipt must be sent via e-mail to email@example.com with inclusion of the order number.
Bird B Gone is allowed 5 business days from the time of notification to respond with one of the resolutions below:
i. When lost packages cannot be located or are verified as having been damaged, Bird B Gone will resend the order with the same delivery terms extending from the time of resolution.
ii. If the lost package is located, Bird B Gone will redirect the lost order with the same delivery terms extending from the time of resolution. Packages located by the carrier will be rerouted to the customer promptly upon discovery. Shipping carriers typically require a 10 business day window for refund of shipping costs.
13. SHIPPING CHARGES
Shipping charges are calculated at the time an order is placed. Total shipping and handling charges are calculated based upon the total weight of your order. Shipping charges are non-refundable.
14. REFUSAL OF SHIPMENT
If an order is refused for any reason, shipping fees and a 15% restocking fee will be charged. If you request the shipment to be sent again, an additional shipping fee will be charged. Please be sure to plan for the receipt of your shipments.
15. INTERNATIONAL SHIPMENTS
If you live outside the United States and wish to purchase our products, please contact our office at (949) 472-3122 for assistance. We will place you in contact with a local Distributor, if possible. If purchase through a Distributor is not available, we will review the availability of purchase options. Customers are responsible for all duties, customs, or other fees charged by their country.
16. LIMITED WARRANTY
Bird B Gone warrants to you that for a period of 30-days (or according to the Guarantee time frame listed on the product page - if any) from the date of shipment of our product(s) ("Warranty Period"), that such product(s) will be free from material defects in material and workmanship.
EXCEPT FOR THE WARRANTY SET FORTH ABOVE, BIRD B GONE MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ITS PRODUCTS(S), INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Bird B Gone shall not be liable for a breach of the warranty set forth above unless: (i) you give written notice of the defect, reasonably described, to Bird B Gone within 30 days of the time when you discover or ought to have discovered the defect; (ii) Bird B Gone is given a reasonable opportunity after receiving the notice to examine such product(s) and you (if requested to do so by Bird B Gone) return such product(s) to Bird B Gone; and (iii) Bird B Gone reasonably verifies your claim that the product(s) are defective.
Bird B Gone shall not be liable for a breach of the warranty set forth above if: (i) you make any further use of such product(s) after giving such notice; (ii) the defect arises because you failed to follow Bird B Gone’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product(s); or (iii) you alter or repair such product(s) without the prior written consent of Bird B Gone.
With respect to any such product(s) during the Warranty Period, Bird B Gone shall, in its sole discretion, either: (i) repair or replace such product(s) (or the defective part) or (ii) credit or refund the price of such product(s) provided that, if Bird B Gone so requests, you shall, at Bird B Gone’s expense, return such product(s) to Bird B Gone.
YOUR REMEDIES SET FORTH ABOVE SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND BIRD B GONE’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH ABOVE. BIRD B GONE WILL NOT, UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
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.
IN NO EVENT SHALL BIRD B GONE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT BIRD B GONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
The limitation of liability set forth above shall not apply to (i) liability resulting from Bird B Gone’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from Bird B Gone’s acts or omissions.
17. GOVERNING LAW
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of California. Any legal suit, action or proceeding arising out of or relating to these Terms shall be instituted in the federal courts of the United States of America or the courts of the State of California in each case located in the City of Irvine and County of Orange, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.