SECTION 1 – WEBSITE TERMS, CONDITIONS AND UPDATES
Thank you for visiting www.lovenestbirdhouses.com (hereinafter “Website”).
By visiting our Website and/or purchasing something from us, you agree to be bound by the following terms and conditions (hereinafter “Terms & Conditions”). These Terms & Conditions apply to all users of the Website, including without limitation users who are browsers, customers, merchants, and/ or contributors of content.
Please read these Terms & Conditions carefully before accessing or using our Website. By accessing or using any part of the Website, you represent that you are at least the age of majority in your state, and you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Website.
We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates to our Website. It is your responsibility to check this page periodically for changes, and your continued use of the Website following the posting of any changes constitutes acceptance of those changes. You can review the most current version of the Terms & Conditions at any time at this page.
SECTION 2 – ACCURACY AND COMPLETENESS OF WEBSITE INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, or more complete sources of information. Any reliance on the material on this Website is at your own risk.
SECTION 3 – PRODUCT PURCHASES
Products may be purchased using Paypal or Stripe, and by purchasing a product on the Website, you authorize us to charge your payment method immediately.
We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products and pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time.
SECTION 4 – SHIPPING
Orders are shipped for a flat fee – displayed at the time of checkout – based on the product type(s) and quantity(-ies) in the shopping cart.
Orders are typically shipped within 2-3 days of receipt of the order. unless we encounter an “out of stock” issue, in which case you will be notified via email and given an anticipated ship date. Certain other factors can cause shipping delays, such as incorrect or incomplete address information, payment processing issues, rural/remote delivery locations and weather/carrier issues. While we cannot guarantee any specific delivery timeframe, you should expect your purchase to arrive in a timely manner.
Our typical flat fee shipping method is UPS Ground, and occasionally USPS Priority Mail. Should you need expedited shipping, please CONTACT US and we will coordinate this with you.
Items are packed together in one box to the extent possible. However, if your order requires multiple boxes, or if the order comprises items shipped from multiple locations, all boxes may not arrive at the same time.
We may, in certain situations, require additional information from you prior to shipping your order. If so, we will contact you by phone or email to confirm information such as billing address, shipping address, credit card data, etc. If we do not receive the information we need within five (5) business days, we will cancel the order.
Once your order has shipped, you will receive one or more emails from us indicating order status. You may also receive a tracking number to use on a particular carrier’s website to track the status of your shipment.
Once your order has shipped, it cannot be cancelled. If the order has already been packed but not yet shipped, it may be cancelled. To cancel an order, please use our CONTACT US page to communicate with our customer service department.
If you are away when the delivery comes, the carrier may, in the carrier’s sole discretion, 1) leave the package(s) at your door, 2) leave the package(s) with another ostensibly trustworthy person such as a neighbor or building attendant, or 3) require a signature (in which case subsequent attempts will be made to deliver). If you do not see your package(s) when or where you expect, it is advisable to check the surrounding area thoroughly.
If we receive back a shipment resulting from 1) incomplete or incorrect shipping information, or 2) refusal of the shipment, you will be charged the amount of the re-delivery cost.
We currently only ship to addresses within the continental United States.
We do not currently ship to Post Office Boxes.
SECTION 5 – RETURNS
If for any reason an item arrives damaged or you are not completely satisfied with an item you have purchased, please use our CONTACT US page to let us know the issue, and we will work with you to resolve the problem.
For an item that is to be returned, simply follow these steps:
Request an RMA (“return merchandise authorization”) code through our CONTACT US page. Please provide us with your order number when you contact us and let us know the reason for your return. We will email you a return label for your use.
Pack the Item you are returning carefully. For any item we shipped to you inside a larger mailing box, you may re-use that box, or another box with packaging of appropriate size and type. Be sure to provide adequate padding around the item you are returning so that it will arrive without damage.
Seal the box after placing a copy of your original packing slip or email confirmation showing your order number inside.
Attach the return label to the box with clear tape securing the entirety of the label.
Ship the box to us. (Note: In order to keep our product pricing as low as possible, we do not cover the expense of returns; all returns must be paid for by the shipper (i.e. you) and must be insured and tracked.)
Provided you return any unwanted item within 30 days from the date of purchase, you will receive a refund of the full purchase price . You may return any unwanted item up to 60 days from the date of purchase; however, returns shipped to us after 30 days from the date of purchase will be subject to a 10% restocking fee, which will be deducted from the refund.
To receive a full refund, the item you are returning must be received back by us 1) in new and unused condition, and 2) in its original undamaged packaging complete with all product documentation and original packing materials. Any item received by us that does not satisfy the aforementioned conditions will not receive a full, or potentially even a partial, refund.
SECTION 6 – INTELLECTUAL PROPERTY
The information displayed on our Website is protected by applicable copyright and trademark law. The mark “LoveNest” and all associated textual descriptions, graphics, buttons, logos, etc. are part of our intellectual property and may not be used by you in any manner which 1) disparages the Website or our company, and/or 2) which creates the appearance of a relationship between you and us or any of the products available for purchase on the Website. No information on the Website may be copied, posted or otherwise transmitted in any manner without our prior written authorization except to the extent that 1) you may view on a single computer and/or print one copy of our information data for your sole personal, non-commercial purposes, and 2) you do not modify the information or data or remove any marks or language indicating the proprietary nature thereof. We also claim intellectual property rights in the unique organization, arrangement and presentation of product information on the Website.
You are granted permission to view the information on the Website solely for personal, non-commercial purposes. This is the grant of a license, not a transfer of title, and under this license you may not: 1) use the materials for any commercial purpose, or for any public display (commercial or non-commercial); 2) copy or modify the materials; or 3) transfer the materials to another person or “mirror” the materials on any other server.
SECTION 7 – ACCURACY OF YOUR BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed by any person at any time for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 – THIRD PARTY APPLICATIONS AND WEBSITES
We may provide you links or access to third-party applications or websites over which we have no control.
You acknowledge and agree that we provide access to such third-party applications or websites “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party applications or websites. Complaints, claims, concerns, or questions regarding third-party websites, applications or products should be directed to the third-party.
Any use by you of third-party applications or websites offered through the Website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such applications or websites are provided by the respective third-party provider(s).
We may also, in the future, offer links or access to new applications or websites through the Website (including, the release of new tools and resources). Such new applications or websites shall also be subject to these Terms & Conditions.
SECTION 9 – PERSONAL INFORMATION
SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 11 – PROHIBITED USES & ACTIONS
With the exception of personal, non-commercial use of an Internet web browser or similar technology for purposes of viewing information on the Website, referring friends/family members to the Website and/or making purchases of products, you agree not to use any technology whatsoever to access or interact with the Website for the purpose of gathering, downloading or transmitting any product or price information. You agree that you will not use any manual or automated technology to copy content from, or monitor, any product information and/or pricing on the Website.
You agree that you will not take any action or use any technology which would serve to track or interfere with the functionality of the Website or any transactions taking place thereon.
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to submit false or misleading information; (e) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (f) to collect or track the personal information of others; (g) to spam, phish, pharm, pretext, spider, crawl, or scrape.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that your use of products purchased on our Website is at your sole risk. The products delivered to you by us are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall LoveNest Enterprises LLC, our members, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products purchased from us, or for any other claim related in any way to your use of any product purchased from us, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the product(s), even if advised in advance of that possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless LoveNest Enterprises LLC and our members, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or your violation of any law or the rights of a third-party.
SECTION 14 – SEVERABILITY
In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
These Terms & Conditions and any other policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
SECTION 16 – GOVERNING LAW
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Georgia.
SECTION 17 – COMMUNICATION
Thank you for visiting and shopping with us!!