BY VISITING,
BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE")
OPERATED BY GOLDEN COCKATOO YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important
Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by
visiting, browsing, shopping, accessing or otherwise using the Site. These terms
and conditions are subject to change without prior notice at any time, in
Golden Cockatoo's sole discretion. By visiting, browsing, shopping, accessing or
otherwise using the Site after a change has been posted to the Site, the
Customer accepts that change. Customers should check this User Agreement and the
Privacy Pledge frequently.
Acceptance of
Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal
contract between you and Golden Cockatoo (References to "you" or "your" shall
relate to a customer of Golden Cockatoo or other party that visits, browses,
shops, accesses or otherwise uses the Site (the "Customer"); references to "Goldencockatoo"
shall relate to Goldencockatoo and its affiliates.) By visiting, browsing,
shopping, accessing or otherwise using this site ("Site"), you acknowledge that
you have read, understood, and agree to be bound by this User Agreement and
comply with all applicable laws and regulations, including U.S. export and
re-export control laws and regulations. If you do not agree to this User
Agreement, as it may be changed by Golden Cockatoo from time to time, do not use
this Site. The material provided on this Site is protected by law, including,
but not limited to, United States copyright law and international treaties. This
Site is controlled and operated by Golden Cockatoo from its offices within the
United States. Golden Cockatoo makes no representation that materials in the Site
are appropriate or available for use in other locations, and access to them from
territories where their contents are illegal is not authorized. Those who choose
to access this Site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained
herein is governed by the laws of the state of Florida without regard to
conflict of law rules. You consent to jurisdiction of the federal and state
courts located in Broward County, FL to hear any such claims.
Access,
Interference and Linking
Golden Cockatoo grants you a limited license to access and make personal use of
the Site and not to download (other than page caching) or modify it, or any
portion of it, except as provided below under "Use Restrictions," or with
express written consent of Golden Cockatoo.
The following activity on the Site is expressly prohibited: Any non-personal or
commercial use of any robot, spider, other automatic device, or manual process
to monitor or copy portions of the Site or the content contained herein without
prior written permission by Golden Cockatoo; collection or use of any product
listings, descriptions, or prices, from the Site for the benefit of another
merchant that supplies products competitive with or comparable to those offered
on the Site; and, any use of, visits to, or other action that imposes an
unreasonable or disproportionately large load on the Site, or otherwise
interferes with its proper and timely functioning.
Any
unauthorized use terminates the license granted by Golden Cockatoo.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of the Site so long as the link does not portray
Golden Cockatoo, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any
Golden Cockatoo logo or other proprietary graphic or trademark as part of the
link without express written permission.
Golden Cockatoo does not review or control third-party sites that link to or from
the Site, and is not responsible for the contents of any third-party sites
linked to or from the Site.
Limitation of
Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
Goldencockatoo BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT,
ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE,
EVEN IF GOLDEN COCKATOO OR A GOLDEN COKCATOO AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS
SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR
DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with Golden Cockatoo, its service providers, agents, employees, successors,
assigns, affiliates, parents, subsidiaries and any content provider or offer or
of goods or services on this Site or through any other associated activity, that
ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU
MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE
DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS
ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in
effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com
or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this User Agreement, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. §§ 1-16). Hearings shall be
held as provided by the Code and if any In-person Hearing is required, it shall
be held in Deerfield Beach, FL. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete arbitration.
Privacy
Please review our Privacy Notice, which also governs your visit to this Site.
You are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If
you are under 18, you may use the Site only with a parent or guardian.
Golden Cockatoo reserves the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in its sole discretion.
Communications to Golden Cockatoo
Any communication or material you transmit to the Site by electronic mail or
otherwise, including any data, questions, comments, suggestions, or the like is,
and will be treated as, non-confidential and non-proprietary. Anything you
transmit or post may be used by Golden Cockatoo for any purpose, including but
not limited to reproduction, disclosure, transmission, publication, broadcast,
and posting. Furthermore, Golden Cockatoo is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to
Golden Cockatoo or the Site for any purpose whatsoever, including but not limited
to developing, manufacturing and marketing products using such information.
Copyright
Complaints
If you believe that your work has been copied in a way that constitutes
copyright or patent infringement, please contact:
Golden Cockatoo
360 South Powerline Rd.,
Deerfield Beach, Florida, 33442, US
Phone: 954-725-0088
Email: vitzr@bellsouth.net
Disagreement
with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement,
please do not visit, browse, shop, access or otherwise use this Site.
Golden Cockatoo Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY
CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND
CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT
WITH Goldencockatoo. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important
Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Golden Cockatoo.
The Customer accepts this Sale Agreement by making a purchase, placing an order,
or otherwise shopping on the Site. (References to "you" or "your" shall relate
to the Customer; references to "Golden Cockatoo" shall relate to Golden Cockatoo
and its affiliates.) The terms and conditions of this Sale Agreement are subject
to change without prior notice, except that the terms and conditions posted on
the Site at the time the Customer initially places or modifies an order will
govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and
Golden Cockatoo relating to the purchase or sale of goods or services on the
Site. The Sale Agreement may only be modified or terminated with regard to goods
or services that have been purchased or sold on the Site in a writing signed by
Golden Cockatoo. Electronic records (including signatures), that are otherwise
valid, shall be accepted under the Sale Agreement. The Customer consents to
receiving electronic records, which may be provided via a web browser or e-mail
application connected to the Internet; consumers may withdraw consent to
receiving electronic records or have the record provided in non-electronic form
by contacting Golden Cockatoo at the address provided below.
In the event of any conflict between the terms and conditions stated on your
purchase order and this Sale Agreement or any terms and conditions on our
invoice, you agree that the provisions of this Sale Agreement and our invoice
shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO
THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN BROWARD COUNTY, FLORIDA FOR
PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are
paid for by the purchaser and at that time title passes to the purchaser. Loss
or damage that occurs during shipping by a carrier selected by Golden Cockatoo is
Golden Cockatoo's responsibility. Loss or damage that occurs during shipping by a
carrier selected by Customer is Customer's responsibility. Title to software
will remain with the applicable licensor(s).
Export Sales
If goods herein being purchased are being purchased for purposes of export, the
Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside the
United States. The Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased.
General Legal
Disclaimer
GOLDEN COCKATOO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY GOLDEN COCKATOO IN NO WAY
AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet
Disclaimer
Internet connectivity requires access services from an Internet access provider.
Contact your local access provider for rates, terms and conditions.
56K
Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit
download speed to 53Kbps.
Third-Party
Product and Y2K Disclaimer
All products sold by Golden Cockatoo are third party products and are subject to
the warranties and representations of the applicable manufacturers.
Pricing and
Information Disclaimer
All pricing subject to change. For all prices, products and offers,
Golden Cockatoo reserves the right to make adjustments due to changing market
conditions, product discontinuation, manufacturer price changes, errors in
advertisements and other extenuating circumstances. High volume bids are
welcome!
While Golden Cockatoo uses reasonable efforts to include accurate and up-to-date
information on the Site, Golden Cockatoo makes no warranties or representations
as to the Site's accuracy. Golden Cockatoo assumes no liability or responsibility
for any errors or omissions in the content on the Site.
Limitation of
Liability
Golden Cockatoo WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS
EXPRESSLY PROVIDED HEREIN. Golden Cockatoo WILL NOT BE LIABLE FOR PRODUCTS OR
SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE.
CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR
SERVICES, Golden Cockatoo IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES
ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER
THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale
Agreement, its interpretation, or the breach, termination or validity thereof,
the relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this Sale Agreement), Golden Cockatoo's advertising, or any
related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code
of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the
claim is filed. The Code is available at http://www.arbitration-forum.com or can
be obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this Sale Agreement, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the Florida Convention
on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in
the jurisdiction where enforcement of the award is sought). Hearings shall be
held as provided by the Code and if any In-person Hearing is required, it shall
be held in Broward County, Florida. Judgment on the award rendered by the arbitrator(s)
may be entered by any court having jurisdiction. Each party shall bear its own
cost of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Golden Cockatoo until accepted by Golden Cockatoo.
Terms of payment are within Golden Cockatoo's sole discretion. Invoices are due
and payable within the time period noted on the invoice, measured from the date
of the invoice. Golden Cockatoo may invoice parts of an order separately.
Customer agrees to pay interest on all past-due sums at the highest rate allowed
by law. The Customer is responsible for sales and all other taxes associated
with the order.
Shipping
We offer Free shipping on all purchases over $99.00
We use Fedex and UPS Ground (Value Ground) Shipping for US Contiguous States, Alaska, Hawaii, and Puerto Rico.
Deliveries once taking up to 3 weeks can now take as little as 4 days!
Standard Delivery Information via common carrier or Federal Express:
This product ships to the 48 contiguous states only unless other arrangements are made. Estimated delivery time is within 2 to 10 business days depending on where you are located.
Standard Delivery provides delivery made to the front threshold of the home. It is not the driver's responsibility to bring freight into house, garage, etc. Drivers do not assist with unpacking, set-up or clean up.
Carrier will call to schedule a delivery appointment. Appointments are available during normal business hours and span a 6-hour period. Please include a daytime phone number in the shipping information at the time of check out. Extraordinary delivery requirements may create additional delivery charges.
Signature is required for delivery, but before accepting and/or signing for your delivery, please inspect your order thoroughly. If the driver allows, please open and inspect the contents of the boxes for damage. If the cage is damaged and unacceptable to you, please refuse the delivery. If the packaging appears to be damaged in any way, please note the damage on the freight bill or refuse the delivery as damaged. If you do not inspect for damage, and you sign for the delivery, you will be responsible for the return shipping back to our store.
Shipping and handling charges on all orders vary; contact us for our most
current and competitive rates, options and shipping specials. For the Customer's
protection, we ship only to the verified billing address of the Customer's
credit card. In some circumstances, international shipping may be available.
Call for details.
Return Policy
Golden Cockatoo offers a 30 days return policy on selected items based on
manufacturer return policies. For further information not listed, please contact
Golden Cockatoo.
Please call 954-725-0088 or e-mail us at sales@goldencockatoo.com to obtain a
Return Merchandise Authorization (RMA) number before shipping your product. NO
returns of any type will be accepted without an RMA number. For faster service,
please have the following information on hand when calling for an RMA number:
customer name, invoice number, serial number and nature of the problem.
All products returned MUST: be 100 percent complete, contain ALL original boxes
and packing materials, have original UPC codes on the manufacturer boxes,
contain all manuals, blank warranty cards and other accessories and
documentation provided by the manufacturer. Livestock is specifically excluded from this return policy and all sales are final for all livestock, whether or not delivery has been taken.
You are responsible for shipping charges on returned items; Golden Cockatoo will
match your shipping method on your replacement or exchange item(s).
Golden Cockatoo strongly recommends you fully insure your return shipment in case
it is lost or damaged and you use a carrier that can provide you with proof of
delivery for your protection.
If merchandise arrives damaged: it is best to REFUSE it back to the carrier
attempting delivery. If you accept the package make sure it is noted on the
carrier's delivery record in order for Golden Cockatoo to file a damage claim.
Save the merchandise AND the original box and packing it arrived in, notify
Golden Cockatoo immediately to arrange for a carrier inspection and a pick up of
damaged merchandise. If you do not notify Golden Cockatoo of damaged goods within
the first 15 days of arrival, our regular return policy will override any claim
of damage, and will fall under all current manufacturer restrictions. Call
954-725-0088 to arrange for carrier
inspection and a pick up of damaged merchandise.
DEFECTIVE returns can be returned directly to Golden Cockatoo within 30 days from
the invoice date, at Golden Cockatoo's discretion for: credit, replacement,
exchange or repair.
Manufacturer restrictions do apply and are outlined in our detailed policy. Any
item that is missing the UPC can ONLY be replaced with the same item. After 30
days, all manufacturers' warranties apply.
NON-DEFECTIVE returns can be accepted directly by Golden Cockatoo within 30 days
from the invoice date, at Golden Cockatoo's discretion for: credit, exchange. All
NON-DEFECTIVE returns are subject to a 10 percent restocking fee unless otherwise
specified by Golden Cockatoo.
Due to manufacturers' policies, Golden Cockatoo cannot accept returns of the
following items for exchange, replacement or credit FOR ANY REASON: Soiled or
used bird toys or opened food, or any other item with bird droppings. As well, livestock sales are final. DEFECTIVE merchandise can be returned for REPAIR
ONLY to: Golden Cockatoo
Golden Cockatoo reserves the right to authorize product returns beyond 30 days
from the invoice date.
Customers are responsible for all shipping charges back to Golden Cockatoo on
returned items, and Golden Cockatoo will pay the shipping charges on the
replacement or exchange item(s) going back.
No refunds. Store credit only.
Credit Cards
Credit card charges are processed online after ordering the products and/or
services. Time of shipment is less than one week.
To speak with a live customer service associate, please call:
toll-free: 1-954-725-0088
Our hours of operation are:
Monday - Friday 10:00am - 6:00pm
Saturday 10:00am - 5:30pm
Sunday 12:00pm - 4:30pm
All time in Eastern Standard Time
