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

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. When you purchase hatching eggs, you are not purchasing chicks. If your purchased eggs fail to hatch, we do not replace or refund or credit.  If you are not willing to be disappointed or understand the risks, then do not take the risk, purchase chicks instead. experienced breeders and hatchers, understand and accept this risk. 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. Breezy Bird Farms has the right to refuse sale of any kind to anyone. 
 

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.

Ordering Autosexing Chicks

For auto sexing breeds, we are now offering them sold in pairs only. We no longer take the responsibility in providing an abundant of pullets that leaves us with a lot of cockerels to deal with. If more females do hatch,  it will be in the buyers favour to recieve the females over the males. This is usually not the case as its predominately more males in each hatch. We have had 100% males hatch. Any auto sexing orders, may take more than one try on our end to get 50/50. So be patient as we have already started to work on your order. We do not refund or credit for these issues as this is the nature of poultry.  We do not carry orders forward to the following year if your arrangements have changed.  if you do not accept continuing there is no reimbursement of any kind. This is not a product to re stock on store shelves, we deal with live beings and patience is required in this industry. We are not a hatchery and do not have abundance of eggs shipped in. We work with our own small flocks that lay when they see fit. We do not refund the deposit if you wish cancel due to a poor ratio hatch, as we will continue to try to fill the order. Understand, we are now working at a loss. These terms carry forward with all orders and not just sexed chicks. Please note, it is a loss of eggs we could of sold as hatching eggs, eating eggs for our consumption etc. Our time to collect the eggs, incubate and hatch is valuable to us. 

PURCHASING LIVE Birds FOR SHIPPING WEST JET 

 Please read how we proceed with the guarantee. Not following our procedure and terms voids the Guarantee. You must purchase heat packs in cool weather. We provide them for sale in our online store. 
 We will notify you of your order once the chicks hatched, they are to be shipped within 72 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 has not yet been paid. We will not ship unpaid orders.
It is important to note, We highly recommend the purchase of grow gel for your shipped chicks,  as this recommendation is in the chicks best interest. purchasing live chicks is at customers risk. We no longer offer live arrive guarantee. Please follow our instructions below if you need to make a claim through westjet cargo for loss of chicks. Note: If we add extra FREE chicks and there is any loss once received, these extra chicks count towards your replacement for the loss. We will not compensate you further as we have already sent extra.
 west jet lossage claims - 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. You will need to receive and fill out a form in the cargo office. These actions are solely the customers responsiblity.  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, you may not receive any compensation from the airline.
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 for any length of time.  Buying any kind of livestock comes with risks that the buyer needs to be aware of and proper educate themselves with. Our terms are not negotiable. 


Hatching Eggs

Eggs are final sale. Due to the nature of the product, we do not guarantee the eggs will hatch. Buying eggs does not guarantee you will end up with any chicks.  

Cancellations

Make sure you want your order before placing it with our farm. Due to the nature of what we are selling, 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. Organizing your order, collecting eggs and hatching the chicks, it is a lot of our time, effort and takes up incubator space. When we are left to scramble and find a places to keep and raise abandoned chicks, this is unacceptable and unfair to new life that was ordered. Being left with eggs we could of sold to someone else is a loss for us, or using up incubator space is also a loss. Our time is valuable to our family and we hope that you can respect and understand our policy. We stand firm on this issue and there are no exceptions. We hope this new policy will ensure that ordering animals is taken serious, not only for the animals sake, but for our family as well. We do not have space and time to keep chicks we did not plan on raising and caring for.


Picking up Chick orders

We will notify you by email only when your order is ready. Be sure you are available and ready to check your emails once you place an order with us. 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.  


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 available(chicks or hatching eggs), even if it required paying extra shipping costs. 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 (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. 


Shipping 

Pre-Ordering hatching eggs and chicks now require 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 complex on our end. We will try and get the order to you as soon we possibly can.  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 and fertility. Please be patient. Contact us anytime for an update.  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.  

Breezy Bird Farms Shipping Terms and Conditions on late parcels for hatching eggs- UPDATED!

We use Canada Post shipping hatching eggs year round as one our our options. 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 or more for tracking information to be updated online. Sometimes, it is not updated. 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. This is in the Canada Post terms.  Canada Post does not refund the taxes. Breezy Bird Farms does not compensate the tax on behalf of CP.  There is a $10 processing fee to put a claim in on behalf of the buyer for  late parcel refunds to cover our time and etransfer cost.  There is a processing time period of 5 to 15 working days. 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. Broken eggs will not be compensated. Eggs rendered Infertile are not compensated. We routinely hatch and check fertility on our end. Some breeds of eggs ship better than others.  Rough handling can cause the eggs to scramble, air cells to be come detached. Eggs that are fertile will not always start. User error and incubation equipment can cause hatch failures. We do not compensate any type of failures.  


Minimum Order

There is a $20 min order for any purchase required from our online store. In order to use our west jet shipping for chicks, the min is 15 chicks and $200. For west jet shipped eggs, the min, is $200. 


Farm Tours

We do not offer 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 meet in rosenort. 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.
Winnipeg pick up orders is a $50 delivery fee.


Bio Security

Every year we add new bio security measures and take this serious. We follow CFIA recommendations to keep any traffic or visitors away from the breeding facility. It is recommended 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 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

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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.


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





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