Términos y condiciones

TERMS AND CONDITIONS

Effective Date: January 1, 2026
Last Updated: June 17, 2026

Welcome to Elsy’s Birds and Feed Store.

These Terms and Conditions (“Terms”) govern your access to and use of elsysbirdsandfeed.com, our online store, customer accounts, loyalty program, gift cards, communications, physical store, local delivery, pickup services, animal-care services, and other products and services offered by Elsy’s Birds and Feed Store.

In these Terms, “Elsy’s,” “we,” “our,” and “us” refer to Elsy’s Birds and Feed Store. “You” and “customer” refer to the person accessing our website, placing an order, visiting our store, purchasing a product, using a service, or otherwise interacting with us.

By accessing our website, creating an account, placing an order, purchasing or using a gift card, joining our loyalty program, purchasing a live animal, using an animal-care service, or otherwise using our products or services, you agree to these Terms.

If you do not agree to these Terms, you should not use our website or services.

1. ELIGIBILITY

You represent that you are:

At least 18 years old;
The age of legal majority in your jurisdiction; or
Using our website or services under the supervision and with the permission of a parent or legal guardian.

Certain products, live animals, medications, pest-control products, agricultural products, or other regulated merchandise may have additional age, identification, use, location, or legal requirements.

We reserve the right to request identification, refuse a transaction, or restrict the sale of any product when reasonably necessary to comply with law, protect animal welfare, prevent fraud, or protect our business and customers.

2. CHANGES TO THESE TERMS

We may revise these Terms periodically to reflect changes in:

Our business practices;
Products and services;
Website features;
Payment or delivery options;
Legal requirements; or
Operational policies.

When we make changes, we will update the “Last Updated” date at the top of these Terms.

Changes will apply prospectively unless otherwise required or permitted by law. Your continued use of our website or services after revised Terms are posted constitutes acceptance of the revised Terms.

3. ADDITIONAL POLICIES

The following policies are incorporated into these Terms by reference where applicable:

Privacy Policy;
Return and Refund Policy;
Shipping and Delivery Policy;
Live-Animal Sale Policy;
Animal Boarding or Care Agreement;
Gift Card Terms;
Loyalty Program Terms;
Promotional Offer Terms;
Text Messaging Terms;
Special Order or Deposit Agreement; and
Any product-specific, service-specific, or transaction-specific terms presented to you.

If a product, promotion, service, or transaction has separate written terms that conflict with these general Terms, the more specific terms will control for that product, promotion, service, or transaction.

4. CUSTOMER ACCOUNTS

You may be permitted to create an online customer account.

When creating or using an account, you agree to:

Provide complete and accurate information;
Keep your information current;
Maintain the confidentiality of your password;
Prevent unauthorized access to your account;
Accept responsibility for activity conducted through your account; and
Notify us promptly of suspected unauthorized access or security problems.

You may not:

Create an account using false information;
Impersonate another person;
Use another person’s account without authorization;
Create multiple accounts to improperly obtain promotions;
Transfer or sell your account; or
Use an account for unlawful or fraudulent purposes.

We may suspend, restrict, or terminate an account if we reasonably believe that it has been used fraudulently, unlawfully, abusively, or in violation of these Terms.

5. ELECTRONIC COMMUNICATIONS

When you use our website, create an account, place an order, send an email, submit a form, or communicate with us electronically, you consent to receive electronic communications from us.

These communications may include:

Order confirmations;
Payment receipts;
Pickup notices;
Delivery updates;
Account notices;
Loyalty-program information;
Product recalls;
Safety notices;
Policy updates;
Customer-service messages; and
Other transactional or administrative communications.

You agree that electronic agreements, notices, disclosures, and communications satisfy any legal requirement that such communications be in writing, to the extent permitted by law.

Promotional emails and text messages will be sent only as permitted by applicable law and your communication preferences.

6. PRODUCTS AND SERVICES

Elsy’s Birds and Feed Store may offer products and services including:

Live birds and other animals;
Poultry and livestock;
Animal feed and seed;
Pet and livestock supplies;
Cages, carriers, feeders, and equipment;
Toys and accessories;
Animal-health and wellness products;
Over-the-counter medications;
Pest and insect-control products;
Garden and plant products;
Tools and farm supplies;
Boarding or other animal-care services;
Local delivery;
Store pickup;
Special orders;
Gift cards;
Loyalty rewards; and
Related retail products and services.

Products, animals, brands, services, and inventory may vary by location and may change without notice.

7. PRODUCT AVAILABILITY

All products and live animals are subject to availability.

Displaying a product or animal on our website does not guarantee that it:

Is currently in stock;
Is available in the requested size, quantity, color, breed, age, or variety;
Will remain available;
Is eligible for shipping or delivery; or
Can legally be sold or delivered to your location.

Inventory information may be delayed or inaccurate because of:

In-store sales;
Supplier availability;
Website synchronization;
Animal health or welfare concerns;
Product recalls;
Shipping disruptions;
Inventory errors;
Weather;
Natural disasters; or
Circumstances beyond our reasonable control.

We may cancel or modify an order if an item becomes unavailable. If payment was collected for a canceled item, we will provide an appropriate refund to the original payment method, subject to applicable processing times.

8. PRODUCT DESCRIPTIONS AND IMAGES

We attempt to provide accurate product descriptions, images, measurements, ingredients, weights, feeding information, and other details.

However, we do not guarantee that all website information is:

Complete;
Current;
Accurate;
Error-free; or
Applicable to every animal or situation.

Product packaging, labels, ingredients, formulas, colors, sizes, designs, and manufacturer specifications may change without notice.

Website images are provided for general reference. Actual products may differ in:

Color;
Appearance;
Packaging;
Size;
Shape;
Weight;
Manufacturer labeling; or
Natural variation.

Live animals naturally vary in color, markings, size, temperament, age, appearance, and behavior. An online photograph may not represent the exact animal available at the time of purchase.

You should review the actual product label, instructions, warnings, ingredients, dosage information, and manufacturer guidance before use.

9. PRICES

Prices are stated in United States dollars unless otherwise indicated.

Prices may vary between:

Our website;
Our physical store;
Advertisements;
Social-media promotions;
Special orders; and
Third-party sales channels.

We reserve the right to change prices at any time before an order is accepted.

Applicable sales tax, shipping, delivery, handling, service charges, deposits, and other disclosed fees may be added to the purchase price.

We will disclose applicable charges during checkout or before payment when reasonably possible.

10. PRICING AND WEBSITE ERRORS

We make reasonable efforts to ensure pricing and product information are accurate. Nevertheless, typographical, technical, inventory, description, and pricing errors may occur.

We reserve the right to:

Correct an error;
Refuse or cancel an affected order;
Limit the quantity sold;
Contact you for instructions;
Offer the product at the correct price; or
Issue a refund when payment has already been collected.

An obvious error does not obligate us to sell a product at an incorrect price.

11. PROMOTIONS AND DISCOUNTS

Promotions may be subject to separate terms, including:

Eligibility requirements;
Start and expiration dates;
Minimum purchase amounts;
Product exclusions;
Quantity limits;
Location restrictions;
One-time-use restrictions;
Account requirements; and
Restrictions on combining offers.

Unless expressly stated otherwise:

Promotions have no cash value;
Discounts cannot be applied retroactively;
Offers cannot be combined;
Discounts do not apply to taxes, delivery fees, deposits, or gift cards;
Promotions are available while supplies last; and
We may correct or cancel promotions affected by errors, abuse, or fraud.

Creating multiple accounts, dividing transactions, manipulating orders, or using false information to obtain promotions is prohibited.

12. PLACING AN ORDER

By placing an order, you represent that:

The information you provide is accurate;
You are authorized to use the selected payment method;
You intend to purchase the products for a lawful purpose;
You will pay all disclosed charges;
You meet any applicable age or legal requirements; and
Delivery or use of the products is permitted at your location.

Submitting an order is an offer to purchase. An automated acknowledgment or order-confirmation email confirms receipt of the request but does not necessarily mean that we have accepted the order.

13. ORDER ACCEPTANCE

We reserve the right to accept, refuse, limit, modify, or cancel an order for reasons including:

Product unavailability;
Live-animal health or welfare concerns;
Pricing or description errors;
Suspected fraud;
Payment problems;
Resale activity;
Quantity limitations;
Delivery restrictions;
Legal restrictions;
Safety concerns;
Customer misconduct;
Supplier limitations; or
Circumstances beyond our reasonable control.

A transaction may not be considered final until:

Payment is authorized;
Any required deposit is received;
Product availability is confirmed;
Required verification is completed; and
The order is released, shipped, delivered, or picked up.

14. PAYMENT

You agree to pay:

The price of the products or services;
Applicable sales tax;
Shipping or delivery charges;
Handling fees;
Deposits;
Service charges; and
Other charges disclosed before purchase.

Accepted payment methods may include:

Credit or debit card;
Cash;
Zelle;
Gift card; or
Other approved payment methods.

Available payment methods may vary by transaction or sales channel.

If a payment is declined, reversed, disputed, charged back, or determined to be unauthorized, we may:

Suspend fulfillment;
Cancel the order;
Withhold products;
Recover amounts owed;
Restrict future transactions; or
Pursue other lawful remedies.

15. DEPOSITS, HOLDS, AND SPECIAL ORDERS

Certain transactions may require a deposit, including:

Special orders;
Bulk orders;
Live animals;
Equipment;
Custom orders;
Held merchandise; or
Products ordered specifically for a customer.

Unless different terms are provided in writing:

Products placed on hold require a minimum nonrefundable deposit of 10%;
Merchandise may be held for up to four calendar days;
The remaining balance must be paid within the approved hold period;
Failure to complete payment may result in cancellation;
The merchandise may be released for resale; and
The deposit may be retained to cover administrative costs, lost sales opportunities, ordering costs, animal-care expenses, or other losses, to the extent permitted by law.

Special-order deposits may be nonrefundable once we have placed the order with a supplier or incurred costs on the customer’s behalf.

Any different deposit, cancellation, or hold terms stated on an invoice, quote, receipt, or special-order agreement will control that transaction.

16. QUOTES

Unless otherwise stated in writing:

Quotes are valid for seven calendar days from the date issued;
Quotes do not guarantee inventory;
Prices may change after expiration;
Freight, supplier, and delivery charges may change;
A quote is not an accepted order;
A product is not reserved until the required payment or deposit is received; and
Availability remains subject to confirmation.

17. ORDER QUANTITY AND RESELLERS

We may limit quantities per person, account, household, transaction, payment method, delivery address, or business.

Unless we provide written approval, products purchased through our retail website are intended for personal, household, farm, or end-user use and not for unauthorized resale, redistribution, dropshipping, or export.

We may cancel orders that appear to be placed by:

Unauthorized resellers;
Dealers;
Brokers;
Dropshippers;
Exporters; or
Persons attempting to avoid quantity restrictions.

Approved commercial or bulk customers may be subject to separate pricing and written terms.

18. SHIPPING

Products eligible for shipping will be shipped only to locations we serve.

Shipping dates and arrival estimates are not guarantees. Delays may occur because of:

Supplier delays;
Carrier delays;
Weather;
Inventory shortages;
Incorrect addresses;
Natural disasters;
Product restrictions;
Holidays;
Transportation interruptions; or
Circumstances beyond our reasonable control.

Customers are responsible for providing a complete and accurate shipping address.

Additional charges may apply when an order must be:

Rerouted;
Reshipped;
Corrected;
Returned because of an inaccurate address; or
Redelivered because no authorized recipient was available.

We do not ship live animals unless expressly approved and arranged under separate written terms.

19. LOCAL DELIVERY

Local delivery may be available only within designated areas.

Delivery eligibility, fees, minimum purchases, free-delivery thresholds, and delivery times may vary.

Delivery times are estimates and are not guaranteed.

You agree to provide:

An accurate delivery address;
A working telephone number;
Safe and reasonable access to the delivery location;
Relevant gate or entry instructions; and
An authorized adult to receive products when necessary.

We may refuse or reschedule delivery when:

The location is unsafe;
Access is restricted;
An animal creates a safety risk;
The address is inaccurate;
Weather conditions are hazardous;
No authorized recipient is present;
The delivery includes a live animal or restricted item requiring direct receipt; or
Circumstances prevent safe completion.

Once an order has been delivered to the address or recipient provided by the customer, responsibility for securing the products transfers to the customer.

20. STORE PICKUP

Orders selected for pickup must be collected:

At the designated location;
During normal business hours;
Within the stated pickup period; and
By the customer or an authorized recipient.

We may require:

Order confirmation;
Government-issued identification;
The payment card used for the order; or
Other reasonable verification.

Orders not collected within the required period may be canceled or returned to inventory.

Special orders, perishables, live animals, and deposits may remain subject to separate cancellation or nonrefundability terms.

21. RISK OF LOSS

For local delivery and store pickup, risk of loss generally transfers when the products are delivered to the customer, an authorized recipient, or the location designated by the customer.

For products shipped by a third-party carrier, risk of loss will be handled according to applicable law, the shipping terms provided during checkout, and the carrier’s policies.

Nothing in this section limits rights that cannot lawfully be waived.

22. RETURNS, REFUNDS, AND EXCHANGES

Returns, refunds, and exchanges are governed by our posted Return and Refund Policy and any product-specific restrictions.

Eligibility may depend on:

The type of product;
Product condition;
Time since purchase;
Proof of purchase;
Original packaging;
Health and safety requirements;
Manufacturer policies;
Whether the product was opened or used;
Whether the item was specially ordered; and
Whether the product is legally eligible for return.

Certain items may be final sale or nonreturnable, including, where disclosed:

Live animals;
Opened feed or food;
Refrigerated or temperature-sensitive products;
Medications;
Vaccines;
Pest-control products;
Health and sanitation products;
Used cages or animal equipment;
Special orders;
Clearance items;
Gift cards;
Deposits; and
Products that cannot safely be resold.

Approved returns may be subject to a 15% restocking fee, unless the product was defective, incorrect, or otherwise exempt under our policy or applicable law.

Refunds are generally issued to the original payment method. Processing times depend on the payment provider.

These Terms do not limit rights available under applicable law.

23. DAMAGED, DEFECTIVE, OR INCORRECT PRODUCTS

You should inspect products promptly after pickup or delivery.

If an item is damaged, defective, missing, or incorrect, contact us as soon as reasonably possible and provide:

Your order number;
Proof of purchase;
A description of the problem;
Photographs or video when requested;
Packaging information; and
Other information reasonably needed to investigate.

Do not discard the product, packaging, or shipping materials until we provide instructions.

Depending on the circumstances and applicable policy, we may offer:

Replacement;
Repair;
Exchange;
Store credit;
Partial refund;
Full refund; or
Assistance with a manufacturer claim.

24. MANUFACTURER WARRANTIES

Some products may include a warranty provided by the manufacturer.

Unless expressly stated in writing, Elsy’s Birds and Feed Store is not the manufacturer and does not independently create, expand, or modify a manufacturer’s warranty.

Manufacturer warranties may contain separate:

Registration requirements;
Time limitations;
Claim procedures;
Exclusions;
Repair terms; and
Replacement conditions.

We may assist customers in contacting a manufacturer, but the manufacturer is responsible for determining warranty eligibility and providing any manufacturer-authorized remedy.

Any written warranty provided directly by Elsy’s will be governed by its stated terms and applicable law.

25. LIVE ANIMALS

Purchasing or taking possession of a live animal involves responsibilities and inherent risks.

Animals may vary in:

Health history;
Age;
Size;
Sex;
Breed;
Genetics;
Color;
Appearance;
Temperament;
Behavior;
Fertility;
Development;
Compatibility; and
Future condition.

We make reasonable efforts to maintain clean conditions and monitor animals in our care. However, no seller can guarantee that an animal will never become ill, develop a condition, behave unpredictably, experience stress, or require veterinary treatment after leaving the store.

By purchasing or accepting a live animal, you agree to:

Inspect the animal before accepting it;
Ask questions before completing the transaction;
Provide suitable housing, nutrition, care, sanitation, and supervision;
Follow applicable care instructions;
Keep the animal separated from existing animals when appropriate;
Obtain prompt veterinary care when needed;
Comply with applicable ownership and animal-welfare laws; and
Accept the normal responsibilities and risks associated with animal ownership.

A live-animal transaction may be subject to a separate written sales agreement or health policy. That separate agreement will control if it conflicts with these Terms.

26. LIVE-ANIMAL HEALTH AND VETERINARY CARE

Information provided by our staff is for general educational and retail purposes.

Elsy’s Birds and Feed Store is not a veterinary clinic, and our employees do not diagnose, prescribe treatment for, or cure animal illnesses unless a properly licensed professional is separately providing those services.

You should contact a licensed veterinarian promptly if an animal:

Appears ill;
Refuses food or water;
Has difficulty breathing;
Is injured;
Displays abnormal behavior;
Has persistent diarrhea or vomiting;
Experiences sudden weakness;
Develops another urgent symptom; or
Requires diagnosis or treatment.

Delay in obtaining appropriate veterinary care may worsen an animal’s condition.

We are not responsible for a customer’s failure to obtain appropriate veterinary care or follow product labels and professional instructions.

27. ANIMAL BEHAVIOR

Animals can act unpredictably and may bite, scratch, kick, peck, escape, damage property, transmit disease, or injure people or other animals.

Customers are responsible for:

Safe handling;
Proper restraint;
Suitable enclosures;
Supervision;
Training where appropriate;
Following applicable laws; and
Protecting children, visitors, other animals, and property.

To the extent permitted by law, Elsy’s is not responsible for injuries, escape, property damage, or losses caused by an animal after the customer takes possession, except to the extent directly caused by our legally established negligence or misconduct.

28. BOARDING AND ANIMAL-CARE SERVICES

Boarding or animal-care services may require:

Reservations;
Deposits;
Vaccination or health records;
Feeding instructions;
Emergency-contact information;
Authorized veterinary-care instructions;
Signed service agreements; and
Disclosure of known behavioral or health concerns.

Customers must provide complete and accurate information about the animal.

We may refuse or discontinue care if an animal:

Presents a safety risk;
Appears to have a contagious disease;
Requires services beyond our capabilities;
Has undisclosed medical or behavioral issues;
Is not picked up as agreed; or
Cannot be safely housed or handled.

Any separate boarding, grooming, or animal-care agreement will control the applicable service.

29. ABANDONED ANIMALS

An animal left beyond the agreed pickup date may result in additional boarding, feeding, care, veterinary, administrative, or collection charges.

If an animal is not collected and we cannot reach the owner, we may take actions permitted by the applicable service agreement and law.

Such actions may include arranging continued care, contacting authorities, transferring the animal to an appropriate organization, or pursuing amounts owed.

No animal will be treated as abandoned except in accordance with applicable law and any written service agreement.

30. FEED, MEDICATIONS, PEST-CONTROL PRODUCTS, AND HEALTH PRODUCTS

Customers are responsible for:

Reading labels before purchase and use;
Following dosage and application instructions;
Confirming that a product is appropriate for the intended species;
Checking age, weight, and health restrictions;
Observing warnings and contraindications;
Storing products safely;
Keeping products away from children and unintended animals;
Using protective equipment where required;
Checking expiration dates; and
Consulting a veterinarian or other qualified professional when appropriate.

Do not use a medication, supplement, pesticide, treatment, or feed product contrary to its label or applicable law.

We are not responsible for injury or loss resulting from:

Misuse;
Overdosing;
Incorrect species use;
Improper storage;
Failure to follow instructions;
Combining incompatible products;
Use after expiration;
Unapproved off-label use; or
Failure to obtain professional advice.

Nothing on our website or provided by our retail staff replaces professional veterinary, medical, agricultural, or pest-control advice.

31. PRODUCT RECALLS AND SAFETY NOTICES

Products may occasionally be recalled or subject to manufacturer safety notices.

When reasonably possible, we may:

Post information;
Contact affected customers;
Provide return instructions;
Assist with manufacturer procedures; or
Remove affected inventory.

Customers should discontinue use of a recalled product and follow the manufacturer’s or government agency’s instructions.

You are responsible for keeping your account and contact information current so that we can attempt to provide relevant notices.

32. GIFT CARDS

Gift cards may be subject to separate terms presented at purchase.

Unless otherwise stated:

Gift cards may be used only for eligible purchases from Elsy’s;
Gift cards are not redeemable for cash except where required by law;
Gift cards cannot be used to purchase additional gift cards;
Gift cards should be treated like cash;
We are not responsible for lost, stolen, damaged, or unauthorized use of gift cards, except as required by law;
Gift cards may not be resold without permission; and
Suspected fraudulent gift-card activity may result in cancellation or account restrictions.

Applicable fees, expiration rules, and cash-redemption rights will be governed by Texas law and any terms presented with the gift card.

33. LOYALTY PROGRAM

Participation in our loyalty program is subject to these Terms and any additional program rules.

Loyalty points, rewards, discounts, or credits:

Have no cash value;
Are not customer property;
May not be sold or transferred;
May be subject to expiration;
May be limited to eligible purchases;
May be adjusted for returns or canceled transactions;
May be revoked in cases of fraud or abuse; and
May be modified or discontinued as permitted by law.

We may correct loyalty balances affected by:

Technical errors;
Duplicate awards;
Returned products;
Payment reversals;
Account abuse; or
Fraudulent activity.

We will provide notice of material program changes when required by law.

34. USER CONTENT

You may be able to submit:

Reviews;
Comments;
Questions;
Testimonials;
Photographs;
Videos;
Social-media posts;
Product feedback; or
Other content.

You retain ownership of content you create, but by submitting it to us, you grant Elsy’s a nonexclusive, worldwide, royalty-free, sublicensable license to use, reproduce, display, publish, adapt, distribute, and promote the content for:

Operating our website;
Responding to customer questions;
Marketing;
Social media;
Advertising;
Product education;
Business promotion; and
Other lawful business purposes.

This license continues for as long as reasonably necessary for the content’s lawful use, subject to applicable law.

You represent that:

You own the content or have permission to submit it;
The content is accurate to the best of your knowledge;
The content does not violate another person’s rights;
The content is not unlawful, threatening, defamatory, obscene, fraudulent, or misleading; and
The content does not contain malicious software.

We may remove or decline to publish content that violates these Terms.

Nothing in these Terms prohibits customers from submitting honest reviews or expressing truthful opinions about our products, services, or conduct.

35. INTELLECTUAL PROPERTY

The website and its content may include:

Business names;
Logos;
Trademarks;
Service marks;
Photographs;
Graphics;
Videos;
Product arrangements;
Written content;
Website design;
Software;
Icons;
Promotional materials; and
Other intellectual property.

This content is owned by, licensed to, or used with permission by Elsy’s Birds and Feed Store and is protected by applicable intellectual-property laws.

You may access the website for personal, noncommercial shopping and informational use.

Without prior written permission, you may not:

Copy substantial portions of the website;
Reproduce our photographs or written content;
Use our logo or branding;
Modify or create derivative works;
Resell website content;
Scrape product or pricing data;
Frame the website;
Use our content to operate a competing website;
Remove ownership notices; or
Use our intellectual property in a misleading manner.

Third-party product names, trademarks, packaging, and logos belong to their respective owners.

36. PERMITTED USE OF THE WEBSITE

We grant you a limited, revocable, nonexclusive, nontransferable right to access and use our website for lawful personal or business-purchasing purposes.

This permission does not transfer ownership of any website content or technology.

We may revoke access if you violate these Terms or use the website in a way that threatens our systems, customers, employees, animals, or business.

37. PROHIBITED ACTIVITIES

You may not use our website or services to:

Violate a law or regulation;
Commit fraud;
Provide false information;
Impersonate another person;
Use a stolen or unauthorized payment method;
Gain unauthorized access to an account or system;
Introduce viruses, malware, or harmful code;
Interfere with website operation;
Bypass security or access controls;
Scrape or extract data without permission;
Conduct automated purchases without permission;
Manipulate prices, promotions, reviews, or rewards;
Harass employees, customers, or other users;
Submit unlawful or infringing content;
Purchase regulated products unlawfully;
Purchase products for an unlawful use;
Abuse return, refund, chargeback, or loyalty systems;
Place orders for unauthorized resale; or
Assist another person in prohibited activity.

We may investigate suspected violations and take appropriate action, including canceling orders, restricting accounts, preserving records, reporting conduct, or cooperating with law enforcement.

38. THIRD-PARTY SERVICES AND LINKS

Our website may contain links to or integrations with:

Payment providers;
Shipping carriers;
Social-media platforms;
Map services;
Manufacturers;
Advertising providers;
Financing providers; or
Other third parties.

We do not control third-party websites or services and are not responsible for their:

Content;
Availability;
Security;
Privacy practices;
Products;
Services; or
Transactions.

Your use of a third-party service is governed by that provider’s terms and privacy policy.

A link does not necessarily constitute our endorsement.

39. WEBSITE AVAILABILITY

We do not guarantee that our website will always be:

Available;
Uninterrupted;
Secure;
Error-free;
Compatible with every device; or
Free from harmful components.

We may modify, suspend, restrict, or discontinue any part of the website without notice, subject to applicable law.

We are not responsible for disruptions caused by:

Internet failures;
Hosting providers;
Payment processors;
Cyberattacks;
Equipment failures;
Maintenance;
Software errors;
Natural disasters; or
Other circumstances beyond our reasonable control.

40. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

ELSY’S DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE, OR SUITABLE FOR EVERY PURPOSE.

EXCEPT FOR EXPRESS WRITTEN WARRANTIES AND RIGHTS THAT CANNOT LEGALLY BE DISCLAIMED, WE DISCLAIM IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SOME STATES DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE STATES, THESE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS ELIMINATES A MANUFACTURER’S VALID WRITTEN WARRANTY OR A CONSUMER RIGHT THAT CANNOT LAWFULLY BE WAIVED.

41. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, ELSY’S BIRDS AND FEED STORE AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM:

USE OR INABILITY TO USE THE WEBSITE;
DELAYED OR CANCELED ORDERS;
THIRD-PARTY SERVICES;
LOSS OF DATA;
LOSS OF PROFITS;
ANIMAL BEHAVIOR;
PRODUCT MISUSE;
FAILURE TO FOLLOW PRODUCT LABELS;
FAILURE TO OBTAIN PROFESSIONAL VETERINARY CARE; OR
OTHER MATTERS RELATED TO THE WEBSITE, PRODUCTS, OR SERVICES.

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR A CLAIM RELATING TO A PRODUCT OR SERVICE WILL NOT EXCEED THE AMOUNT THE CUSTOMER PAID TO ELSY’S FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT LEGALLY BE LIMITED, INCLUDING LIABILITY ARISING FROM FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE WHERE APPLICABLE, OR OTHER NONWAIVABLE RIGHTS.

42. INDEMNIFICATION

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Elsy’s Birds and Feed Store and its owners, employees, agents, contractors, and service providers from third-party claims, liabilities, damages, expenses, and reasonable attorneys’ fees arising from:

Your unlawful use of the website;
Your violation of these Terms;
Your infringement of another person’s rights;
Content you submit;
Fraudulent activity;
Your unauthorized resale of products;
Your misuse of a product;
Your failure to comply with applicable animal-ownership laws; or
Your negligent or wrongful conduct.

This provision does not require you to indemnify us for losses caused solely by our own legally established negligence, gross negligence, fraud, or willful misconduct.

43. INFORMAL DISPUTE RESOLUTION

Before filing a lawsuit relating to these Terms, an order, product, service, or website use, you and Elsy’s agree to make a reasonable good-faith effort to resolve the dispute informally.

A written dispute notice should include:

Your full name;
Contact information;
Order or transaction number;
A description of the dispute;
Supporting documents; and
The resolution requested.

Send dispute notices to:

Elsy’s Birds and Feed Store
1441 Hartwick Road
Houston, Texas 77093

The parties should allow at least 30 days after receipt of a complete notice to attempt an informal resolution before filing a lawsuit, unless emergency relief is reasonably necessary or applicable law requires otherwise.

44. OPTIONAL ARBITRATION NOTICE

These Terms do not presently require mandatory binding arbitration.

If Elsy’s adopts a binding arbitration agreement in the future, it should be presented clearly, reviewed by qualified Texas legal counsel, and made applicable only in a manner permitted by law.

Any arbitration provision added later will not automatically apply retroactively to a dispute that arose before the provision became effective unless both parties lawfully agree otherwise.

45. GOVERNING LAW

These Terms and transactions with Elsy’s Birds and Feed Store are governed by the laws of the State of Texas, without regard to conflict-of-law rules, except where federal law applies or another law cannot legally be waived.

46. VENUE

Unless applicable law requires otherwise, legal proceedings that are not resolved informally must be brought in a court of competent jurisdiction located in Harris County, Texas.

You and Elsy’s consent to the personal jurisdiction of those courts, subject to applicable consumer-protection and jurisdictional laws.

Eligible claims may be brought in small-claims court when permitted.

47. TIME LIMITATIONS

Any contractual limitation period is subject to applicable law.

Nothing in these Terms shortens a statute of limitations or claim period when doing so would be unlawful.

Customers should notify us promptly of disputes so that records, products, packaging, animal-care information, photographs, and other evidence can be preserved.

48. SUSPENSION AND TERMINATION

We may suspend or terminate access to:

The website;
A customer account;
Loyalty benefits;
Promotions;
Delivery services;
Animal-care services; or
Other services

when we reasonably believe that a customer has:

Violated these Terms;
Engaged in fraud;
Abused employees or customers;
Threatened people or animals;
Misused products or services;
Failed to pay amounts owed;
Created a security risk; or
Engaged in unlawful conduct.

Termination does not eliminate obligations arising before termination, including payment obligations, ownership rights, liability limitations, and dispute provisions.

49. FORCE MAJEURE

Elsy’s will not be responsible for delay or failure caused by circumstances beyond our reasonable control, including:

Severe weather;
Flooding;
Fire;
Natural disasters;
Epidemics;
Government actions;
Labor disruptions;
Supplier shortages;
Transportation failures;
Utility outages;
Cyberattacks;
Internet failures;
Carrier delays;
Animal-health emergencies; or
Other unforeseen events.

We may cancel, delay, substitute, or modify affected orders or services and provide refunds where required by law or our policies.

50. SEVERABILITY

If a provision of these Terms is found invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted or severed if necessary.

The remaining provisions will continue in effect.

51. NO WAIVER

Our failure to enforce a provision does not waive our right to enforce that provision later.

A waiver is effective only if made in writing by an authorized representative of Elsy’s.

52. ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our written permission.

We may assign or transfer our rights and obligations as part of:

A sale of the business;
Merger;
Reorganization;
Financing;
Transfer of assets; or
Similar business transaction.

53. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Return Policy, Shipping and Delivery Policy, transaction documents, invoices, receipts, and applicable supplemental terms, constitute the agreement between you and Elsy’s concerning the relevant website use, product, or service.

They replace prior discussions or communications concerning the same subject, except for written agreements signed by an authorized representative.

54. HEADINGS

Section headings are provided for convenience only and do not affect interpretation.

The words “include,” “includes,” and “including” mean “including without limitation.”

55. CONTACT INFORMATION

Questions or concerns about these Terms may be directed to:

Elsy’s Birds and Feed Store
1441 Hartwick Road
Houston, Texas 77093

Website: elsysbirdsandfeed.com
Telephone: 281-442-5621

You may also contact us through the Contact Us page on our website.

For a legal or contractual dispute, clearly label your communication:

Terms and Conditions Dispute Notice

Thank you for your patience as we continue improving.

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