Breezy Bird Farms

Terms and Conditions

This website is provided as a service to our 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 us.

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 their risks. 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.

Shipping Surcharge

Larger orders placed are subject to a shipping surcharge. This would be emailed to you after the order is placed. 

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. This is non negotiable.  All chicks are quality control checked and shipped in good health.  Our Air Carrier has done very well over the years getting chicks safely to customers with minimal lossage. 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.  If you choose to purchase chicks and have them shipped, please be aware that once the chicks leave the farms hands, they are now your chicks and your responsiblity. This also means, if you did not read the terms, this does not mean you are not subject to them. BBF does everything possible to ensure the chicks arrive safely and so does the carrier. Great success has been achieved over the past 7 years of shipping. If you have any issues with the chicks upon pick up, you must make a claim yourself at west jet cargo whaerhouse centre before leaving the depot. It is up to the buyer to read and understand these terms.

Poultry like any living thing on this planet is susceptible to health issues and disease. BBF is not responsible for the care of your purchased birds, how they are housed, what they have been exposed to and your biosecurity or lack of it, etc. Any emails sent to the farm of your poultry health issues will not be responded to. Please find other sources such as a vet or if you wish to have a session with me on the phone for the use of my expertise regarding any poultry concerns, the fee is $50 per 15 minutes, this is payable upfront by etransfer or credit card. An appointment will be set up.

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

Hatching Eggs & Shipping - update July 29th 2020

 Due to the nature of the product, hatching eggs have no guarantee. Once the eggs leave the farm, Breezy Bird Farms is not liable for any issues or problems regarding your eggs.  No shipping timeline guarantee is offered by the farm. We do not refund any shipping costs nor late timelines set by Canada Post or Fedex. Eggs are sent fresh, packaged extremely well and to be incubated as instructed upon receipt.   BBF is not liable or accountable for Canada Post's shipping practices, rough or poor handling or late delivery.  

Be aware, eggs are fragile. Hatching Eggs are not guaranteed to hatch. Fertility tests are done often as orders are filled year round for chicks and breeding stock for the farm. Viability can be lost in transit and this is a risk factor. Due the to endless nature of issues that can occur with the product such as handling, traveling and incubation error etc, there is no refunds or replacements on eggs. Hatching eggs are at the purchasers risk, it is a gamble. Buying hatching eggs does not guarantee you will end up with any chicks. The eggs are carefully handled on the farm, stored properly and shipped with the utmost care.  The product is here for you to try, if it fails, your best option is to try again. Please, no emails on any mishaps with your eggs. These emails will no longer be responded to. Customer service is one person, just myself that runs the entire farm and I simply do not have enough of me to respond to issues laid out in the terms very clearly. 

Cancellations - update July 20th 2020

Ensure you want your order before placing it! Once you place an order in the available now section for eggs or chicks, their is no refund if you change your mind for any reason! Please understand, you have taken limited product of the store and it no longer available for other customers. A Cancellation can result in loss of sale for the farm.  Time is precious and packing and unpacking, preparing and putting away, printing etc is a loss. Shipping costs are refundable 100%

Cancellations on pre-orders forfeit 50% of your total order on hatching eggs and chicks with an additional $10 processing fee. If the order is processing or in que you forfeit 100% the order. It is extremely important that you commit to your order once it is placed or find another alternative rather than cancel.   Shipping costs are refundable 100%. 

Picking up OR SHIPPING Chick orders

We will notify you by email only when your order is ready for pick up or shipping. Be sure you are available and ready to check your emails once you place an order with us. For updates, it is buyers responsibility to email the farm to check up on the status of their order. Email as many times as you like. 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 $1 charge per bird per 24 hours. We will consider the order abandoned after 144 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.  Chicks are shipped within 3 days of hatching and contacting you. 

When your order is delayed

This is possible due to the nature of poultry. The more breeds you order at once, the higher chance this may happen. We do suggest that we ship what we have when we have it. Extra shipping charges will apply. If this is not suitable to you, we can ship you what was hatched.  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 breeds to fill up your order if we have some available. 

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 track in disease. Please research these factors yourself.

 For pick up orders, we now do offer a pick up area on farm. There is sign located that states our bio secure area, you cannot drive past this for our flock safety measures.

User Communication

Breezybirdfarms.com is pleased to hear from users and welcomes your comments regarding our birds and service.  You alone are responsible for 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

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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.