Terms of Service

Overview

This website is operated by BirdStore. Throughout the website, the terms “we,” “us,” and “our” refer to BirdStore. By accessing our website, browsing our store, or purchasing products from us, you agree to comply with the terms, conditions, notices, and policies outlined below.

These Terms of Service apply to all users of the website, including visitors, customers, account holders, content contributors, and anyone who accesses or uses our services.

Please read these Terms of Service carefully before accessing or using our website. By accessing any part of the website or using our services, you agree to be bound by these Terms. If you do not agree with these Terms, you should not access, browse, or use any part of the website or its services.

Any new products, services, features, applications, or tools added to the store will also be subject to these Terms of Service. We reserve the right to update, modify, or replace any part of these Terms at any time by posting changes on this page. Your continued use of the website following any changes constitutes your acceptance of the revised Terms.

1. Online Store Terms

By agreeing to these Terms, you confirm that you are at least the age of majority in your state of residence, or that you have reached the age of majority and have given permission for a minor dependent to use this website under your supervision.

You may not use our website, products, or services for any illegal, fraudulent, harmful, abusive, or unauthorized purpose. You also agree not to violate any applicable local, state, or federal laws, rules, or regulations while using our services.

You must not transmit viruses, malware, worms, destructive code, harmful software, or any other material that could interfere with the operation or security of our website.

Any breach or violation of these Terms may result in the immediate suspension or termination of your access to our website and services.

2. General Conditions

We reserve the right to refuse service to any person at any time for any lawful reason.

You understand that your content and information, excluding payment card information, may be transferred across different networks and may be modified to conform to the technical requirements of connecting networks or devices.

Payment card information is encrypted during transmission through secure payment networks and payment-processing services.

You agree not to reproduce, duplicate, copy, sell, resell, distribute, exploit, or misuse any portion of our website, products, services, content, or access to our services without prior written permission from BirdStore.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the meaning of these Terms.

3. Accuracy, Completeness, and Timeliness of Information

We make reasonable efforts to provide accurate, complete, and current information on our website. However, we do not guarantee that all information displayed on the website will always be complete, accurate, current, reliable, or free from errors.

The content on this website is provided for general informational and shopping purposes. Product details, prices, availability, descriptions, specifications, images, packaging, promotions, and other website content may be updated, corrected, or modified at any time without prior notice.

You should not rely solely on information provided on this website when making decisions that require consultation with a qualified professional.

We reserve the right to modify website content at any time, but we are not obligated to update information unless required by applicable law.

4. Modifications to Services and Prices

Product prices, shipping rates, promotions, discounts, and availability may change without prior notice.

We reserve the right to modify, suspend, limit, or discontinue any product, service, feature, promotion, or part of the website at any time without notice.

To the fullest extent permitted by applicable law, BirdStore shall not be liable to customers or third parties for any modification, price change, suspension, discontinuation, or unavailability of any product, feature, or service.

5. Products and Services

Certain products or services may be available exclusively online through BirdStore. These products or services may have limited quantities and may only be returned or exchanged in accordance with our Return and Refund Policy.

Product availability is not guaranteed and may change without notice.

We make reasonable efforts to display product images, colors, packaging, sizes, specifications, and descriptions as accurately as possible. However, we cannot guarantee that your computer, mobile device, or other screen will display product colors or details exactly as they appear in person.

Product packaging, labels, designs, colors, ingredients, materials, and other details may occasionally differ from the images displayed on the website because of manufacturer updates or product improvements.

We reserve the right, but are not obligated, to limit the sale of products or services to any person, household, geographic area, state, or customer account where permitted by law.

We may limit the quantities of any products or services purchased per order, per household, per payment method, or per customer.

All product descriptions, prices, and availability are subject to change without notice at our sole discretion.

6. Bird and Pet Product Information and Responsible Use

Products offered through BirdStore are intended to be used only for their stated purpose and according to the product label, manufacturer instructions, warnings, and applicable laws.

Customers are responsible for reviewing all product information, ingredients, materials, sizing details, warnings, age recommendations, and usage instructions before purchasing or using a product.

Information provided on BirdStore is not intended to replace professional veterinary advice, diagnosis, or treatment. Always consult a qualified veterinarian or other appropriate professional regarding an animal’s health, medical condition, diet, behavior, or treatment needs.

Do not disregard professional veterinary advice or delay seeking veterinary assistance because of information found on our website.

BirdStore is not responsible for harm, injury, loss, or damage resulting from misuse, improper storage, failure to follow instructions, use of a product for an unintended purpose, or use contrary to professional advice.

7. Accuracy of Billing, Shipping, and Account Information

We reserve the right to refuse, limit, hold, or cancel any order placed through our website.

Orders may be limited or canceled if they appear to have been placed by dealers, resellers, distributors, automated systems, or through suspicious, fraudulent, unauthorized, or abusive activity.

If we modify or cancel an order, we may attempt to notify you using the email address, billing address, phone number, or other contact details provided at checkout.

You agree to provide accurate, complete, and current billing, shipping, account, payment, and contact information for all purchases made through our website.

You agree to promptly update your account information, including your email address, billing address, shipping address, and payment details, so that we can complete your transactions and contact you when necessary.

BirdStore is not responsible for delays, failed deliveries, returned packages, lost packages, order issues, or communication problems caused by incorrect, incomplete, outdated, or misleading customer information.

8. Order Acceptance and Cancellation

Submitting an order does not guarantee that the order has been accepted. We reserve the right to review, approve, reject, limit, hold, or cancel an order for any lawful reason.

An order may be canceled because of product unavailability, pricing errors, payment authorization problems, suspected fraud, delivery restrictions, incorrect information, quantity limitations, or other operational or legal reasons.

If payment has already been collected for an order that we cancel, we will issue a refund to the original payment method where appropriate.

Customers who wish to cancel or modify an order should contact us as soon as possible. We cannot guarantee that an order can be canceled or changed after it has entered processing or has been shipped.

9. Optional Tools and Third-Party Services

We may provide access to third-party tools, applications, payment services, shipping services, or other resources that we do not monitor, control, or manage.

You acknowledge that access to these tools and services is provided “as is” and “as available” without warranties, representations, endorsements, or conditions of any kind.

Your use of optional third-party tools and services is entirely at your own risk and discretion. You are responsible for reviewing and accepting the terms and policies of the applicable third-party provider.

New services, tools, features, or resources added to the website in the future will also be subject to these Terms of Service.

10. Third-Party Links

Our website may contain links to third-party websites, applications, products, tools, or services. These links are provided for convenience and informational purposes only.

BirdStore is not responsible for examining or evaluating the content, accuracy, availability, security, privacy practices, products, services, or policies of third-party websites.

We do not warrant and will not be liable for any harm, damage, loss, or dispute related to your access to, use of, or purchases from third-party websites.

You should carefully review the terms, policies, and practices of any third-party website before engaging in a transaction or providing personal information.

11. User Comments, Reviews, Feedback, and Submissions

If you submit reviews, comments, feedback, suggestions, photographs, ideas, proposals, creative materials, or other content to us, you agree that BirdStore may use, reproduce, modify, edit, publish, translate, distribute, display, and otherwise use that content in any lawful manner without restriction or compensation, where permitted by applicable law.

You represent that you own or have permission to submit the content and that our use of the content will not violate the rights of any third party.

Your submissions must not violate any copyright, trademark, privacy, publicity, personality, contractual, or other personal or proprietary rights.

Your submissions must not contain unlawful, abusive, threatening, defamatory, obscene, misleading, fraudulent, discriminatory, or harmful material. They must also not contain malware, viruses, or other harmful code.

We reserve the right, but have no obligation, to monitor, edit, reject, or remove content that we determine to be unlawful, offensive, misleading, abusive, harmful, inappropriate, or in violation of these Terms.

You are solely responsible for the content you submit and for its accuracy. BirdStore assumes no responsibility or liability for content posted by customers or other third parties.

12. Personal Information

Your submission of personal information through the website is governed by our Privacy Policy.

By accessing our website, creating an account, or placing an order, you acknowledge that your personal information may be collected, processed, stored, and used in accordance with our Privacy Policy and applicable privacy and data-protection laws.

13. Errors, Inaccuracies, and Omissions

Occasionally, our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, pricing, promotions, discounts, offers, shipping charges, delivery estimates, availability, inventory, or other information.

We reserve the right to correct errors, update information, modify product details, change prices, or cancel orders at any time without prior notice, including after an order has been submitted.

If an order is affected by a significant pricing or product-information error, we may contact you to confirm whether you wish to proceed with the corrected information or cancel the order.

We are not obligated to update, amend, or clarify website information except where required by applicable law.

14. Prohibited Uses

You may not use BirdStore, our website, our services, or our content to:

• Violate any applicable local, state, or federal law or regulation.

• Engage in fraudulent, deceptive, misleading, or unlawful activity.

• Infringe upon intellectual property, privacy, publicity, or other legal rights.

• Submit false, misleading, inaccurate, or fraudulent information.

• Harass, abuse, insult, harm, defame, threaten, intimidate, or discriminate against another person.

• Upload, transmit, or distribute viruses, malware, worms, destructive code, or harmful software.

• Collect, track, scrape, or use personal information without proper authorization or consent.

• Engage in spam, phishing, pharming, pretexting, crawling, scraping, or other abusive activity.

• Attempt to interfere with website security, functionality, payment processing, or service operations.

• Attempt to gain unauthorized access to the website, customer accounts, systems, networks, or data.

• Use automated systems, bots, or scripts to interfere with the website or place unauthorized orders.

• Copy, reproduce, resell, or commercially exploit our website content without written authorization.

Violation of these prohibited uses may result in immediate suspension or termination of access to our website and services and may be reported to the appropriate authorities where necessary.

15. Intellectual Property Rights

Unless otherwise stated, the website and its content, including text, graphics, logos, icons, photographs, product presentations, page designs, videos, software, and other materials, are owned by or licensed to BirdStore and are protected by applicable intellectual property laws.

You may access and use the website for personal, non-commercial shopping purposes only.

You may not reproduce, copy, modify, distribute, publish, sell, license, create derivative works from, or commercially exploit any website content without prior written authorization from BirdStore or the applicable rights holder.

16. Disclaimer of Warranties

Your use of our website, products, and services is at your sole risk.

Except where expressly stated or required by applicable law, the website, products, and services are provided “as is” and “as available” without warranties, representations, or conditions of any kind, whether express or implied.

To the fullest extent permitted by law, we disclaim implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

BirdStore does not guarantee that:

• The website or services will always be uninterrupted, timely, secure, or error-free.

• The results obtained from using the website will always be accurate or reliable.

• Every product or service will meet every customer’s individual expectations.

• Errors or technical problems will always be corrected immediately.

• The website will be free from viruses, malware, or other harmful components.

Some states do not permit certain warranty exclusions. In those states, the exclusions above will apply only to the extent permitted by law.

17. Limitation of Liability

To the fullest extent permitted by applicable law, BirdStore and its owners, employees, affiliates, partners, contractors, suppliers, service providers, licensors, and agents shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising from:

• Your access to or use of the website.

• Your inability to access or use the website.

• Your purchase or use of any product or service.

• Loss of data, revenue, profits, savings, business opportunities, or goodwill.

• Unauthorized access to customer information.

• Errors, omissions, interruptions, delays, or technical failures.

• Third-party conduct, services, websites, applications, or content.

Where liability cannot legally be excluded, our liability will be limited to the maximum extent permitted by applicable law.

Some states do not permit the exclusion or limitation of certain damages. In those states, the limitations above may not apply to you.

18. Indemnification

You agree to indemnify, defend, and hold harmless BirdStore and its owners, affiliates, partners, employees, contractors, licensors, suppliers, service providers, and agents from any claims, demands, damages, losses, liabilities, judgments, costs, or expenses, including reasonable attorneys’ fees, arising from:

• Your violation of these Terms of Service.

• Your misuse of the website, products, or services.

• Your violation of any applicable law or regulation.

• Your infringement of any third-party right.

• Content or information submitted through your account.

19. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will remain enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be considered severed from these Terms, and the remaining provisions will continue in full force and effect.

20. Termination

These Terms remain effective unless terminated by you or BirdStore.

You may terminate your agreement with us by discontinuing your use of the website and notifying us that you no longer wish to use our services.

We may suspend or terminate your access to the website or services without prior notice if we reasonably believe that you have violated these Terms, provided false information, engaged in fraudulent activity, interfered with our operations, or used the website unlawfully.

Any obligations and liabilities incurred before termination will survive termination where applicable.

21. Entire Agreement

These Terms of Service, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and any other policies or notices posted on the website, constitute the entire agreement between you and BirdStore regarding your use of the website and services.

Any failure by us to exercise or enforce a right or provision of these Terms will not constitute a waiver of that right or provision.

Any ambiguities in the interpretation of these Terms will not be interpreted against the party responsible for drafting them.

22. Governing Law

These Terms of Service and any separate agreements through which we provide products or services shall be governed by and interpreted in accordance with the laws of the State of Texas and applicable federal laws of the United States, without regard to conflict-of-law principles.

Any dispute relating to these Terms, the website, our services, or purchases made through BirdStore shall be handled by the appropriate courts located in Texas, unless another venue or dispute process is required by applicable law.

23. Changes to Terms of Service

You may review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, modify, or replace any portion of these Terms by posting revisions on the website.

It is your responsibility to review this page periodically for changes. Your continued access to or use of BirdStore after revised Terms are posted constitutes acceptance of those changes.

24. Contact Information

If you have questions regarding these Terms of Service, please contact us:

BirdStore

Email: phoenixchorn0634743@hotmail.com

Address:
4306 Ennis St
Houston, TX 77004
United States