The following terms and conditions govern all use of the
birdiebundle.com website and all content, services and products
available at or through the website (taken together, the Website). The
Website is owned and operated by Birdie Bundle, LLC (birdiebundle.com).
The Website is offered subject to your acceptance without modification
of all of the terms and conditions contained herein and all other
operating rules, policies (including, without limitation,
birdiebundle.com’s Privacy Policy) and procedures that may be published
from time to time on this Site by birdiebundle.com (collectively, the
“Agreement”).
Please read this Agreement carefully before accessing or
using the Website. By accessing or using any part of the web site, you
agree to become bound by the terms and conditions of this agreement. If
you do not agree to all the terms and conditions of this agreement, then
you may not access the Website or use any services. If these terms and
conditions are considered an offer by birdiebundle.com, acceptance is
expressly limited to these terms. The Website is available only to
individuals who are at least 13 years old.
1. Application of Terms & Conditions of Sale
1.1 The following terms and conditions
shall govern the order by Client (as defined hereunder) and the sale by
birdiebundle.com (“ birdiebundle.com” or “Seller”) of any product made
available by birdiebundle.com (hereby collectively called the
“Product”). Certain additional terms may accompany the Product and shall
apply but in case of conflict the following Terms and Conditions shall
prevail.
1.2 By ordering the Product, whether by
placing an order by phone, on the birdiebundle.com website
(birdiebundle.com), in person or by any other mean, Client agrees that
these Terms and Conditions of Sale (referred to as the “Terms and
Conditions”) shall govern the contract between birdiebundle.com and the
Client and supersedes any other terms and conditions that may be
provided by the Client. birdiebundle.com’s failure to object to
provisions contained in any communication from the Client shall not be
deemed a waiver of the Terms and Conditions.
1.3 “Client” means any person or entity ordering products from birdiebundle.com.
1.4 These Terms and Conditions of Sale
supersede any pre-printed terms on Client’s orders and any previous
written or oral communications or representations by either party
related to the Product or the terms and conditions and may not be
amended by Client without prior written consent of birdiebundle.com.
2. Accounts
2.1 Account Creation. In order to use
certain features of the website (e.g., to use the Services), you must
create an account with birdiebundle.com (“birdiebundle.com Account”) and
provide certain information about yourself as requested on the Site
registration form. You represent and warrant that: (a) all required
registration information you submit is complete, truthful and accurate;
(b) you will maintain the accuracy of such information as such may
change from time to time. You may delete your birdiebundle.com Account
at any time, for any reason, by following the instructions on the Site.
2.2 Account Responsibilities. You are
responsible for maintaining the confidentiality of your birdiebundle.com
Account login information and are fully responsible for all activities
that occur under your birdiebundle.com Account. You agree to
immediately notify birdiebundle.com of any unauthorized use, or
suspected unauthorized use of your birdiebundle.com Account or any other
breach of security. birdiebundle.com cannot and will not be liable for
any unauthorized use of your birdiebundle.com account or loss or damage
arising from your failure to comply with the above requirements.
2.3 As a member of birdiebundle.com, you agree to receive newsletters and promotional emails including third party offers.
3. Billing, Orders & Credit Card Information
3.1 Any order, to be valid, needs to be
accompanied by a valid payment of the total sum of the value of the
Product and shall be made by a pre-arranged method of payment acceptable
to birdiebundle.com, whether such order is made online on
birdiebundle.com’s website (www.birdiebundle.com.com) or by phone.
3.2 birdiebundle.com reserves its rights
to cancel the order at its sole discretion by reimbursing the sums paid
by the Client. birdiebundle.com shall not otherwise be liable to the
Client for cancellation of such orders.
3.3 When you place your first order, we
will save your credit card information for use on all future billings.
Any automatic billing and/or charges, as per the membership rules
described upon sign-up, will be automatically applied to your saved
credit card unless you notify us in advance by emailing us at info@birdiebundle.com. We accept Visa and MasterCard as forms of
payment. If your payment method reaches its expiration date and you do
not edit your credit card information or cancel your account, you
authorize us to continue billing that credit card on file including
extending the expiration date until we are notified by you or the credit
card company that the account is no longer valid. We encourage you to
constantly update your payment method information or cancel your account
should you wish to discontinue your membership with us.
3.4 All products/subscriptions are priced and charged in US dollars.
3.5 If you choose to cancel your service, you must notify birdiebundle.com at least 5 days before your next billing date.
3.6 All items purchased from
birdiebundle.com are made pursuant to a shipment contract. This means
that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
4. Expedition
4.1 All shipping fees are shown at
checkout on birdiebundle.com. birdiebundle.com may be unable to ship to
certain remote regions. birdiebundle.com reserves the right to refuse
or cancel orders where birdiebundle.com has no commercially reasonable
shipping option, and birdiebundle.com shall not be liable to the Client
for cancellation of such orders. In such a case, birdiebundle.com will
reimburse the sums already paid by the Client. If an ordered item is
damaged during shipping, is incorrect, or missing, you must immediately
contact birdiebundle.com. To contact us, write to support@birdiebundle.com
5. Refunds/Exchanges
Refund Policy
All sales on products are
refundable within 14 days. All products must be in new/unused
conditions. Product Box will have to be sent back to Birdie Bundle at
buyers expense. Upon inspection, a full refund of the box purchase
minus the shipping charge ($4.95 US, 14.95 Hawaii, 24.95 International)
will be refunded. Please ship product to:
Birdie Bundle
630 Continental Drive Apt
Bowling Green, KY 42103
To
be eligible for a return, your item must be unused and in the same
condition that you received it. It must also be in the original
packaging.
Several types of goods are exempt from being returned.
Perishable goods such as snacks, cigars, newspapers or magazines cannot
be returned.
Please do not send your purchase back to the manufacturer.
There are certain situations where only partial refunds are granted (if applicable)
Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
Exchanges (if applicable)
We
only replace items if they are defective or damaged. If you need to
exchange it for the same item, send us an email at info@birdiebundle.com and send your item to: 640 Continental Drive Apt 46 Bowling Green
Kentucky US 42103.
Gifts
If the item was marked as a gift when
purchased and shipped directly to you, you’ll receive a gift credit for
the value of your return. Once the returned item is received, a gift
certificate will be mailed to you.
If the item wasn’t marked as a
gift when purchased, or the gift giver had the order shipped to
themselves to give to you later, we will send a refund to the gift giver
and he will find out about your return.
Shipping
To return your product, you should mail your product to: 640 Continental Drive Apt 46 Bowling Green Kentucky US 42103
You
will be responsible for paying for your own shipping costs for
returning your item. Shipping costs are non-refundable. If you receive a
refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If
you are shipping an item over $75, you should consider using a
trackable shipping service or purchasing shipping insurance. We don’t
guarantee that we will receive your returned item.
6. Security
birdiebundle.com works to protect your personal
information during transactions using a secure system. birdiebundle.com
employees do not have access to your credit card information because
they are encrypted the moment a transaction is completed. Only the
company managing transactions with which birdiebundle.com is doing
business receives this encrypted information. Other personal information
collected by birdiebundle.com is used to ship your order, to contact
you in case of need, or to let you know about all the opportunities
birdiebundle.com has to offer. You may, at any time, ask that your
information is removed from our database.
7. Indemnification
You agree to indemnify, defend, and hold birdiebundle.com
harmless and its officers, directors, employees, agents, investors, and
suppliers (collectively the “Service Providers”) against all losses,
expenses, damages, and costs, including reasonable attorneys’ fees
resulting from any violation of these general terms and conditions or
any activity related to your account (negligent or wrongful actions
included) by you or any other person accessing the website using your
Internet account.
8. Third Party
In order to provide added value to our users,
birdiebundle.com can affiliate itself to websites operated by third
parties. However, even if the third party is affiliated,
birdiebundle.com has no control over these linked sites, which have
different private data collection methods unrelated to birdiebundle.com.
These linked websites are for your convenience only and are therefore
accessed at your own risk.
9. Act of God
For all purposes hereof, force majeure includes any act of
God, war, mobilization, governmental regulation, strike, lockout,
drought, flood, total or partial fire, obstruction of navigation, loss,
damage or detention in transit, defective materials or delays by
shippers, or other contingences or causes beyond Seller’s control which
might prevent the manufacture, shipment or delivery of Goods covered
hereby. Performance of Seller’s obligations may be suspended pending
force majeure, without Seller being responsible to Client for any
damages or losses resulting from such suspension.
10. No Assignment
Client may not assign its rights or obligations under this Agreement without the express written consent of birdiebundle.com.
11. Severability
If any provision or provisions of these Terms and
Conditions be held to be invalid, illegal or unenforceable, such
provision shall be enforced to the fullest extent permitted by
applicable law, and the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired
thereby.
12. Language
The Parties hereto have expressly required that these Terms and Conditions be drafted in the English language only.
13. Intellectual Property
13.1 Client agrees that any invention,
patent, industrial design, copyrightable document or object as well as
any technical, scientific, marketing or commercial know-how or trade
secret relating to the Product, including but not limited to any
inventions, patents, copyright and industrial design (hereinafter
described as the “Industrial Property”) is the exclusive property of
birdiebundle.com.
13.2 Client recognizes and acknowledges
that all the trademarks applied on or otherwise used in relation to the
Product, whether registered or not (the “Trademarks”), are the exclusive
properties of birdiebundle.com.
13.3 Client will not take any action
which might invalidate any such Trademark or any registration thereof,
impair any rights of birdiebundle.com or create any rights adverse to
those of birdiebundle.com. Without limiting the foregoing, Client shall
not, during the course of this Agreement and thereafter, adopt, use,
register or seek to register in any class in any country or territory,
any trademark which includes or is confusingly similar to any of the
Trademarks.