Terms and Conditions
The user agrees to Birdiesboutiques.com web terms and conditions and acknowledges that they are subject to, governed by and interpreted in accordance with the laws of Canada, and the user hereby agrees to be subject to the same. We provide services to the user subject to the notices, terms and conditions set forth in this agreement (the “Agreement”).
Use of Site:
You represent and warrant that you are at least 18 years old or visiting the site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, BirdiesBoutiques.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the site by displaying it on your internet browser only for the purpose of shopping for items sold on the site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by BirdiesBoutiques.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by BirdiesBoutiques.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by BirdiesBoutiques.com in advance. BirdiesBoutiques.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if BirdiesBoutiques.com believes that customer conduct violates applicable law or is harmful to BirdiesBoutiques.com’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Canadian or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and BirdiesBoutiques.com has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify of any BirdiesBoutiques.com unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide BirdiesBoutiques.com, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to BirdiesBoutiques.com without charge and BirdiesBoutiques.com shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of BirdiesBoutiques.com and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by BirdiesBoutiques.com in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. BirdiesBoutiques.com assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant BirdiesBoutiques.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by BirdiesBoutiques.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead BirdiesBoutiques.com or third parties as to the origin of any Submissions or Content BirdiesBoutiques.com. may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of BirdiesBoutiques.com (collectively, “Content”), belongs exclusively to BirdiesBoutiques.com . You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by BirdiesBoutiques.com, without BirdiesBoutiques.com’s express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on BirdiesBoutiques.com as well as the use of BirdiesBoutiques.com trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. The collection, arrangement, and assembly of all content on this site (the “Compilation”) belong exclusively to BirdiesBoutiques.com. You may not use BirdiesBoutiques.com’s Content or Compilation in any manner that disparages or discredits BirdiesBoutiques.com or in any way that is likely to cause confusion or violation of any applicable laws or regulations.. The Content, the Compilation and the Software are all protected under provincial, national and international copyright laws. All rights not expressly granted are reserved by BirdiesBoutiques.com. Violators will be prosecuted to the full extent of the law.
BirdiesBoutiques.com recognizes and respects all copyrights and trademarks. As such, any usage of television, motion picture, music, film festival or other names or titles have no connection to BirdiesBoutiques.com and are the sole property of the copyright or trademark holders..
Disclaimer and Limitation of Liability
Except as otherwise provided in the standard terms of sale that govern the same of each product on this site, this site, the products offered for sale on it and the transactions conducted through it are provided by BirdiesBoutiques.com on an “as is” basis. BirdiesBoutiques.com makes no presentations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here to the full extent permissible by applicable law, BirdiesBoutiques.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, and system integration. This site may include inaccuracies, mistakes or typographical errors. BirdiesBoutiques.com does not warrant that the content will be uniterrupted or error free. To the maximum extent permitted by law, BirdiesBoutiques.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to,indirect incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, BirdiesBoutiques.com’s total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to BirdiesBoutiques.com during the month immediately preceding the act allegedly giving rise to BirdiesBoutiques.com’s liability.
BirdiesBoutiques.com will act in accordance with the warranty as provided by the platform when and only when damage is in connection with the merchandize and has valid and confirmed manufacturing defects. BirdiesBoutiques.com will not be held liable for any damages resulting from customers improper use, personal negligence, and/or other reasons that do not attribute to item defects.
For safety and security, each customer is allowed to create only one registered account by default. For customers who attempt to create several accounts, BirdiesBoutiques.com reserves the right to suspend accounts without further notice.
In accordance with Customs regulations customers must provide valid and accurate data . All consignee names, address and payers name should be valid. Certain countries request that the consignee submit their ID or passport to clear the package or for payment verification purposes. It is the customers sole responsible for the accuracy of data that they provide to us. Should any information be incorrect and prevent any shipment or deliveries or customs clearance, we will not held responsible and will not offer any compensation in such cases.
Please note that there may be certain orders that we are unable to accept and must cancel. BirdiesBoutiques.com reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer.
BirdiesBoutiques.com is not responsible for late deliveries for special occasions, such as birthdays, or other events. We encourage customers to place their order in advance to ensure there is enough time to receive their item..
All orders reported as “delivered” by shipping companies are considered delivered. BirdiesBoutiques.com cannot be made liable of non-delivery in this case.
Kindly note that due to shipping restrictions, only paid, processing and partially shipped orders can be edited.
All other orders and order information cannot be canceled or modified.
If you would like to cancel a packed or shipped order, please contact us as soon as possible. Our agents will do their best to assist you.
In the rare event that an order cannot be canceled and is shipped out, kindly accept the goods and our warranty will become effective.
BirdiesBoutiques.com ships to Canada and the U.S.A. only. We partner with well know international shipping companies to ensure your package arrives to your door safely and within the estimated timeframe. We also offer free flat rate shipping on most of our products to most destinations. Therefore, any and all customs or import duties are charged once the parcel reaches its destination country. If any, these charges must be paid by the buyer. Should the buyer refuse the package due to import duties or taxes, the buyer takes full liability for all the cost involved in the process.
Unfortunately, we cannot estimate what the charges may be since customs and taxation policies vary widely from country to country. For further details, please contact your local customs office or visit their official website. In some cases, customs clearance procedures are necessary which may affect our original delivery estimation time.
In accordance with customs regulations, please note that BirdiesBoutiques.com cannot list purchased items as a gift or indicate an amount lower than the actual product price.
Customer Code of Conduct
BirdiesBoutiques.com aims to solve every single customers issue to their satisfaction. However, we will not tolerate any unacceptable or unreasonable behavior towards BirdiesBoutiques.com Unacceptable behavior directed towards BirdiesBoutiques.com include any of the following:
-Aggressive, abusive and threatening behavior. Examples include: any and all direct or implied threats on any communication channel; intimidating language; personal and verbal abuse; sexist, racist, homophobic, or derogatory remarks; rudeness; inflammatory statements; swearing; and unsubstantiated allegations.
-Persistently making habitually demanding or vexatious complaints, despite the matter having been fully addressed; similarly, repeating complaints persisting despite reasonable and fair solutions being offered in accordance with our policies.
-Asking, expecting or demanding staff to breach established company policy guidelines, e.g. refund amount, time-frame, special compensation, etc.; similarly, seeking an unrealistic outcome beyond the scope of our own policies and procedures. By default, the refund amount cannot exceed the original order amount paid to BirdiesBoutiques.com.
-Repeatedly changing the nature (or focus) of a complaint or the desired outcome, part way, after a formal response has been provided.
-Excessive number of complaints compared to the total purchase value history.
For such behavior, complainants may be advised and formally notified of the following:
-Their language is considered offensive, abusive, threatening, and wholly unacceptable.
-They must refrain from using such language, intimidation, and threats.
-There will be no further exchange of correspondence on the matter if they persist with this behavior.
– BirdiesBoutiques.com reserves the right to no longer accept orders from the customer in the future without further notice.
BirdiesBoutiques.com Complaint Escalation Process
This process applies strictly to Customer Service issues.
Contact us on the Contact page and submit your complaint.
We respond to all complaints within 24 hours except on weekends and public holidays.
While BirdiesBoutiques.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. BirdiesBoutiques.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, BirdiesBoutiques.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, BirdiesBoutiques.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Pricing in Different Currencies
Pricing of products sold by DressLily.com is based upon figures calculated in Canadian dollars (CAD). The price displayed on an individual product page, is the current price you are liable to pay to BirdiesBoutiques.com, excluding shipping.
BirdiesBoutiques.com has no knowledge of, and is not responsible for, any additional bank charges or exchange rate fees that are charged by the issuing bank or a third party payment provider. These fees are solely the customers responsibility and will not be reimbursed by BirdiesBoutiques.com.
These conditions are governed by and construed exclusively under the laws of Canada without regard to conflicts of laws principles.
You agree that BirdiesBoutiques.com’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that BirdiesBoutiques.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that BirdiesBoutiques.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of BirdiesBoutiques.com shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by BirdiesBoutiques.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
Default Subscription to Newsletter for Registered Users.
Customers are strongly advised to purchase the shipping insurance during the checkout for a smooth delivery.
We ship all orders in good faith and BirdiesBoutiques.com will not be held responsible for any orders that not are not insured.
Whatever the customer orders is what we ship. We can not be held liable for the customer receiving the wrong item if they placed the wrong order.
If a delivery fails for any reason and the address sent to was the correct address as provided by the customer, BirdiesBoutiques.com cannot be held liable if a package is returned to us.
Please report any missing package complaints by the email form as soon as possible. After 3 months from the shipment date, any deliveries with flat rate shipping, standard shipping and priority shipping, will no longer be accepted for any compensation. Expedited delivery complaints must also be reported within 3 months from the package being shipped out. Kindly note that this is not applicable to expedited shipping cases where the shipping company’s website shows the item as delivered.