performance poultry

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.  

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.

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. Often, extra chicks are sent when available to help keep the other chicks warm and/or to cover lossage. 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. 

Hatching Eggs & Shipping

 Shipping is via Canada Post. No shipping timeline guarantee is offered by the farm. We do not refund any shipping costs nor late timelines set by Canada Post. Eggs are sent fresh and to be incubated as instructed upon receipt. 
Be aware, eggs are fragile. Hatching Eggs are never guaranteed to hatch. Fertility tests are done often as orders are filled year round for chicks and breeding stock for the farm. Due the to endless nature of 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. Buying hatching eggs does not guarantee you will end up with any chicks. That being said, the eggs are carefully handled on the farm, stored properly and shipped with the utmost care.   

Cancellations

Ensure you want your order before placing it. Due to the nature of what is being offered, cancellations now forfeit 100% of your total complete order on hatching eggs and chicks.  It is extremely important that you commit to your order once it is placed.  We take ordering live animals serious and you should too! If you choose to abandon your order you will not be reimbursed. Organization of orders is complex and time consuming.  Great effort to set up pens for specific orders and hatching eggs and takes up precious incubator space. The incubator space is extremely limited as we are not a hatchery, so this falls under a limited act for hatching ability allowed to avoid fines. CFIA does inspect the farm to ensure compliance is followed. When left to scramble and find a places to keep and raise abandoned orders/chicks, this is unacceptable and unfair to the chicks and the farm. Space is limited and not available for such. Being left with hatching eggs that could of sold to someone else but was turned away is a loss for the farm.  Time is also valuable and we hope that you can respect and understand this policy. This policy is written to ensure that ordering animals is taken serious. 


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
.

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.
 
Breezy Bird Farms
Box 505
Rosenort, Manitoba
R0G 1W0    Canada





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