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.
General
We appreciate your business and want you to be satisfied with your purchase. Dealing with live poultry and eggs do have their risks. Purchasing from us means you accept and agree to our terms and conditions.  We do not guarantee your hatching eggs will hatch. If you are not willing to be disappointed then do not take the risk, purchase chicks instead. We do guarantee that the eggs are routinely checked for fertility. We also guarantee your eggs will be packaged very well for shipping. If you wish to order eggs the order may be completed through our online store. This is a simple way for us to obtain the information necessary in order to proceed in shipping your eggs without delay. Payment must be followed through with an etransfer once you have placed your order online or paid for at check out by credit card or PayPal. Eggs are time sensitive so we appreciate your understanding. Shipments go out every Monday and Tuesday. Eggs are collected weekly and are no older than 6 days. If payment is not received after the order is placed, we will cancel the order. The order can be reinstated once payment is received, however it may be pushed back due to another paid order.  Hatching eggs are final sale.  Incubation methods are solely the responsibility of the buyer. We do not take responsibility in any mishaps that may occur during transit, poor equipment you are using or lack of experience. 
Hatching egg Order Shipments
Once we are ready to collect eggs for you order. We will send you an email to confirm. Payment and confirmation must be received by you within 24 hours of us sending the email. We do not make phone calls. If we do not hear back from you within  this time, we will move on to the next customer. If we do not hear back from you regarding the order at all, we will consider the order abandoned and you forfeit your deposit. There is no guarantee on the hatching eggs. If they do not hatch for you we do not refund or replace the eggs.
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.

PURCHASING LIVE Birds FOR SHIPPING WEST JET 

Arrive Alive Guarantee. Please read how we proceed with the guarantee. Not following our procedure   andterms voids the Guarantee. 
 We will notify you of your order once the chicks hatched, they are to be shipped within 36 hours of hatching. Each 24 hours the chicks are in our care is $1 per bird. Breezy Bird Farms will notify you of your ship date and time. Full Payment is due once the chicks hatch if it had not yet been paid. WE will not ship unpaid chicks or if the shipping is unpaid.

It is important to note, If we recommend the purchase of heat packs and/or grow gel for your shipped chicks,  as this recommendation is in the chicks best interest. Declining our recommendation voids your arrive alive chick guarantee. 

In the case you receive any chicks that perish during the flight. We will credit you towards a future purchase for the value of the chick(s) only. In order to obtain that credit, you must open the chick crate at the airport. View your chicks carefully. If you are in any doubt of the shape any chicks appear to be in. or if any have perished, Snap a photo of the perished chick(s) or chicks in question with the West Jet attendant at hand. The attendant will need to view the chick(s). We will also require the West Jet attendants name and direct contact number at his office. Please send us this information and photo(s) immediately. Correspondence is required within 2 hours of pick up. Otherwise, your guarantee is void. If we can, we will send a couple of free chicks to cover any issues that may arise during shipment.  If there are a number of chicks that perished, you must grab a claims form from the attendant and fill it out. The attendant will need to sign this form. This must be done at the time the chicks arrive only. If these instructions are not followed, there is no credit. It is up to the buyer to read our terms before purchasing. Whether chicks are purchased live or hatched from eggs it is the buyers sole responsibility to care and house them properly for them to thrive. We take no responsibility on birds that get ill or die in the buyers care.  Buying any kind of livestock comes with risks that the buyer needs to be aware of. Our terms are not negotiable. 

Picking up Chick orders

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, so that we can make arrangements with you for pick up.   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 your forfeit your deposit and chicks.  We ask that you respect our policy as space is limited and other orders are in que hatching.  


When your order does not hatch as planned
Placing an order with us does not guarantee you will receive the chicks you have ordered. There are many variables and obstacles we must face in order to be successful on our end. Many of these variables are out of our control. If the number of chicks required to fill the order is insufficient, we reserve the right to re-set the eggs for hatching to add to the original order. We will care for the first batch of chicks at no added cost to the buyer until the second batch of chicks hatches. This option is only available if the eggs are available to set.
If we are unable to provide you with less than 50% of your order, you may choose to continue to purchase the order or cancel and receive your deposit back. You may also have an option of placing a second order to try again. Please be aware there may be a wait depending on the time of year. 
Credit card/Paypal
3% fee is charged for accepting credit card and PayPal. This is non refundable in any case. This fee covers only a portion of what we are being charged.  
Shipping and ordering cancellations
Pre-Ordering hatching eggs and chicks requires a 50% deposit or to be paid in full. It is not always first come first serve! We fill orders based on which orders we can currently fill.  With the different combination of breeds we offer, this can get complicated on our end. We will try and get the order to you as soon as its available. We no longer offer time frames.  We have limited amount of hens and work with our own small flocks. We are solely relying on whether or not the hens are laying. It is out of our control. Please be patient. Contact us anytime for an update.  If you cancel your order AND/ OR any part of your order for any reason like you changed your mind on the particular breed or you wish to cancel in full, you will forfeit 50% of the value of the order. This means you will not receive your deposit back from the partial or full cancellation. With any partial cancellations, the value does not carry forward to the remainder of your order.  Nor do any cancellations carry forward to a future order.  It may be possible to add on to an order but this is not guaranteed. Extra costs may also be involved to add on with shipping.  There is a lot to prepare behind the scenes so be sure you know what you want before placing your order.   If we cannot supply a portion of your order due to poor hatch, equipment failure, a breed not laying etc, the remaining order will be supplied to you. We may offer a substitute option if it is available. 
Breezy Bird Farms Shipping Terms and Conditions on late parcels for hatching eggs
We use Canada Post for shipping hatching eggs. Once the hatching eggs are dropped off at the post office, you will receive a tracking number later that day. It is the customer’s responsibility to track their own package. It can take up to 12 hours for tracking information to be updated online. Please be aware that the tracking  does not always function. Do not contact us regarding Canada Post software issues as this is out of our control.  If your parcel is late and you would like to request a shipping refund, you must email us your request after receiving your package. We cannot process claims prior to this.  Canada Post does not refund the taxes. Breezy Bird Farms does not compensate the tax on behalf of CP.  Our farm charges a $5 processing fee to put a claim in on behalf of the buyer for  late parcel refunds. Although hatching eggs are sold as final sale,  Filing claims is a courtesy we will offer to our customers. Any damages that incur to your parcel while in the hands of CP is 100% buyers risk. We do not replace the eggs. CP does not insure any perishable shipped products and will not issue refunds for the eggs. Spoiled or broken eggs will not be compensated. Eggs rendered Infertile  from shipping are not compensated. Rough handling can cause the eggs to scramble, air cells to be come detached.  User error and incubation equipment can cause hatch failures. We do not compensate any of these failures.  Please understand placing claims is time consuming due to the large amount of shipped parcels weekly.  The $5  processing fee goes towards our cost to refund via Etransfer, as well as to cover our time to process. This process can take hours in a day working on the claims.  Approved refunds will be issued to the buyer prior to our farm receiving the refund.  
Minimum Order
There is a $25 min order for hatching eggs as well as 12 eggs to be shipped. For chicks to be shipped, there is a min 15 chick order. For chicks being picked up, min order is 6.
Farm Tours or Pick up Due to our Bio security protocols, we no longer allow farm pickups or give tours. We do meet with our birds in Rosenort or Winnipeg (delivery charge may apply).
Bio Security
Every year we add new bio security measures. In 2018 we again have plans to add more bio security measure to keep the heritage breeds safe. Not only from disease but from predators as well. Our protocol is to not allow farm pick ups as this can potentially expose our birds to disease. It is recommended from any breeder including our selves to quarantine newly purchased birds for a period of at least 30 days. 
User Communication
Breezybirdfarms.com is pleased to hear from users and welcomes your comments regarding our products.  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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