Breezy Bird Farms

Terms and Conditions

This website is provided as a service to the customers.  Please review the following terms and conditions of use, which govern your use of this website (the "Agreement"). Your use of this website constitutes your agreement to follow and be bound by the Agreement.  We reserve the right to update or modify this Agreement at any time without prior notice.  For this reason, we encourage you to review the Agreement whenever you use this website.  If you do not agree to these terms, please do not use this website or purchase from this website.

General

Your business is appreciated and it is desired for you to be satisfied with your purchase. Dealing with live poultry and eggs do have  highrisks. Please read carefully as the terms and policies are not negotiable.  Purchasing from Breezy Bird Farms means you accept and agree to the terms and conditions.  

Right to refusal

BBF reserves the right to refuse sale to anyone for any reason at anytime.

Website Contents

Unless otherwise noted, this website, and all materials on this website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by breezybirdfarms.com. This website and the Contents are intended solely for personal, non-commercial use.  You may download or copy the Contents and other downloadable materials displayed on this website for your personal use only.  No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents of this website.

COPYRIGHT

All aspects of our website are protected by Canada copyright laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images (both intellectual property of breezybirdfarms.com or submitted to us by our clients), personal stories, breezybirdfarms.com icons, video and audio clips, downloads, and all other data, including all breezybirdfarms.com Designs.  REGISTRATION INFORMATION/PRIVACY POLICY Please refer to breezybirdfarms.com Privacy policy for information about our registration process, what information we collect on this Site and how we treat your personal information.

TERMINATION

Breezybirdfarms.com reserves the right, in its sole discretion, to immediately, without notice, suspend or terminate (I) these Terms of Use; and/or (ii) your registration(s) with or ability to access your breezybirdfarms.com Site and/or any other service provided to you by breezybirdfarms.com.

Payments

Payment is 100% due if full when the order is placed for any order from the farm. Cancellation of any kind forfeits 50% of your payment plus a processing fee of $20 for processing fees. The farms accepts credit card for payment only. e-transfer, PayPal and cheque is no longer accepted unless authorized. 

LIVE Chicks 

Purchasing Livestock always carry's risks regardless of the animal. Many factors such as stress or drafts can cause chicks to perish. Ordering extra is recommended as a pre-caution if you are set on a number of chicks.

Purchasing live chicks from Breezy Bird Farms is sold as a final sale.   All chicks are quality control checked and shipped in good health.  It is the buyers risk and responsibility to research proper care on newly arrived chicks and maintain a clean and temperature regulated system for the chicks.  Chicks are guaranteed to arrive alive. once they leave the airport they are not longer guaranteed. Proof of photo at the airport is required.

BBF does everything possible to ensure the chicks arrive safely and so does the carrier. Great success has been achieved over the past9 years of shipping. West jet does not assume lossage of chicks due to changes in policy. If you have any issues with the chicks upon pick up, an investigation can be made but a refund is not possible and insurance is not available.  Please provide photos of any issues. Shipping costs are never refunded or credited.

HEATLH & BIO SECURITY 

Poultry like any living thing on this planet is susceptible to health issues and disease. It seems that most believe that chickens are immune to health issues! This is not true. The rarer the bird, the more issues that may occur due to a limited gene pool which creates weaker birds. 

The farms reputation is important, the farms goes to extraordinary lengths to ensure the birds are disease-free. With an onsite vet visitation and strict bio security. 

It is very difficult to determine the origin of a disease in a chicken flock. The transmission of disease is a complex and subtle process, and even expert pathologists often struggle to identify the precise origin of a disease. If you have a flock consisting of chickens from other sources, songbirds have access to your flock, or people have visited your property after being near chickens located elsewhere, then there are potentially many different disease pathways that could cause disease in your chickens. If you feel you might jump to conclusions about disease in your flock and point finger, please do not purchase from this farm. 

                                                   -- Once the animal is in your care, this is your responsibility! --

Hatching Eggs & Shipping 

  shipped egg condition is not guaranteed upon arrival once leaving the farm

Hatching Egg percentage rates are not guaranteed,  in purchasing our eggs you are doing so under the understanding that eggs may result in a 0 to 100 percent hatching rate based on several factors including your own incubation ability. We are successful here on the farm with our eggs and our own incubation methods. Eggs are tested weekly for fertility.  Eggs are packed securely for the best possible shipping chances. Late shipping is not refundable. Please read the Hatching Egg Guide.

HATCHING EGGS AND SHIPPING INFO:

- Shipping timelines are not guaranteed and not refundable if late under any circumstance

-Eggs foam shippers are complimentary and included in the shipping charge for ordered shipped eggs

-There is a flat shipping rate shipping fee to each postal code with no limit on hatching eggs amount. This means, shipping costs the same for 4 eggs as it does for 50. No additional charges will apply.

Eggs are collected numerous times per day and sent fresh, viable and  packaged extremely well and to be incubated as instructed upon receipt. Fertility is checked each week. A portion of eggs are held back each week to incubate or crack open to verify fertility. It is not always possible for 100% fertility. Fertility is approved at around 92% prior to releasing. This is an acceptable percentage.

Hatching Egg Subscription 

One year subscription has the option of putting up to 3 months on hold for future dates. No refunds are applicable. The six month and 3 month subscriptions must be used with in one year of date of purchase. The months selected can be changed after initial purchase. 

You may sell your subscription if you no longer would like to subscribe.

Cancellations on hatching egg and chicks orders

Ensure you want your order before placing it!  A Cancellation can result in loss of sale for the farm, wasted time, supplies and so forth.   50% deposit of the sale is held on chicks and eggs.  Shipping costs are refundable 100%. To cancel a hatching egg order, BBF requires 14 days notice prior to the order being filled at 50% deposit loss. Failure to meet this results in 100% non refundable eggs.  To cancel a chick preorder, BBF requirs 30 days notice. Not complying with this timeframe results in zero  refund. Cancelling a chick order at any time results in 50% deposit being kept. 

Info on Picking up OR SHIPPING Chick orders--order confirmations 

We will notify you by email only when your order is ready for pick up or for shipping. Be sure you are available and ready to check your emails once you place an order with us. BBF uses emails only to communicate. It is the buyers responsibility to check the spam folder if you have not received your order confirmation.

For updates, it is buyers responsibility to email the farm to check up on the status of their order.  Chicks are to be picked up within 72 hours of us notifying you of your hatched order.  Confirmation of the order is required by the buyer within 24 hours.  If you are not able to pick the birds up within 72 hours of our initial contact, there is a $2 charge per bird per 24 hours to house and keep the chicks. The farm does not raise your chicks for you, so please be prompt in pick up! We will consider the order abandoned after 72 hours after our initial contact and you forfeit your deposit and chicks.  We ask that you respect our policy as space is limited and other orders are in que for hatching.  

*NEW* Placing chick preorders

Chick orders are for local pick up only. BBF no longer accepts out of province orders for chick pick up. This is due to many no shows or continued rescheduled pick ups. There are too many variables that can happen when driving further distances and this often results in too many issues for the farm. 

When your order is delayed

This is possible due to the nature of poultry. The more breeds you order at once, the higher chance your order may be delayed. It is suggested that what is available should be shipped. Broodiness, molting and many other factors also play a role in delayed orders. Remember these are live being that cannot be controlled to do what we want. This is not a kitkat bar that can be taken off the shelf. Timing may not always be ideal for you, but timelines are not possible when dealing with live beings. Extra shipping charges will apply for multiple shipments. The farm does not pay shipping costs. If this is not suitable to you, we can ship you what was hatched an the remaining amount is  by credit only.  Placing an order does not guarantee you will receive the chicks you have ordered. There are many variables and obstacles in order to be successful.  Many of these variables are out of our control. If the number of chicks required to fill the order is insufficient (less than 50%), we reserve the right to re-set the eggs for you. We may offer other you can choose from to to fill up your order if we have some available. 

Supplies

All supplies and items sold in the online store is sold as final sale. Due to bio security issues the farm does not accept returns.

Expectations 

The farm will not be bullied, harassed, threatened, rushed etc for those impatient with their orders or in receiving an email response or fail to hatch their eggs. Legal action may be taken against any party that commits any type of threats, defamation or harassment. 

Farm Tours

No Farm tours. All seasoned breeders practicing bio security will not allow farm tours. CFIA regulations recommend no farm tours, as this can spread in disease. 

User Communication

 Your information is not sold or shared from any communication, message, and/or other content that you post, upload, submit, transmit or share with breezybirdfarms.com on this website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively "User Communications").

By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws.  Breezybirdfarms.com does not endorse or sponsor any such User Communications submitted by you or other users of this website.

Breezybirdfarms.com reserves the right to terminate your registration and/or deny you access if it determines, in its sole discretion, that you are violating these Terms of Use, or applicable law, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.

You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law.  Breezybirdfarms.com will fully cooperate with any law enforcement authorities or court order requesting or directing breezybirdfarms.com to disclose the identity of anyone posting any such information or materials.

Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution.

Links to Other Websites

This Site may contain links to other websites. Breezybirdfarms.com assumes no responsibility for the content or functionality of any non- breezybirdfarms.com website to which we provide a link.

Disclaimer

The materials on this website are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.

Breezybirdfarms.com expressly disclaims any duty to update or revise the materials on this website, although breezybirdfarms.com may modify the materials at any time without notice.  Your use of this website is at your sole risk, and you assume full responsibility for any costs associated with your use of this website.  Breezybirdfarms.com shall not be liable for any damages of any kind related to your use of this website.

Indemnification

You agree to indemnify, defend, and hold harmless each of breezybirdfarms.com its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Site, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity.

Modification and Notice

You agree that breezybirdfarms.com may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Applicable Laws

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Canada without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Manitoba, Canada in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.