This Terms and Conditions document governs the use of Metalbird’s Online Service.
Nothing in these Terms grants the visitor the right to download, print, reproduce, capture, save, sell, copy or distribute any portion or content of this website, absent express written permission from Metalbird. Metalbird reserves all rights under relevant copyright laws.
Purchasing from WWW.METALBIRD.COM
Products displayed on the site shopping area can be purchased using a secure online Visa and MasterCard transaction facility. Customers can be confident that their details are protected and are used only for purposes of transaction fulfilment. Metalbird does not hold onto cardholder information.
Eligibility to Purchase
The purchase of products from metalbird.com is limited only to parties who can enter into and form contracts in accordance with United States law. Customers must provide their real name, phone number, e-mail address and other requested information. When providing payment details, customers must warrant that the payment details provided are theirs and are both valid and correct. Metalbird.com is only available to customers who meet our terms of eligibility.
If an item is temporarily out of stock due to the volume of sales, we aim to fulfil all out of stock items within 14 days. Should there be any further delays, we will try our best to be in contact.
All prices in the shopping areas are in United States dollars (USD$) and include Nexus Tax.
For over ten years now, Metalbird has been producing quality works of art that last a lifetime, wherever you install them. We stand by the materials and craftsmanship of our birds, and if you’re unhappy with either, please contact us to discuss your concerns.
All of our birds, and occasionally our bees, are made from Corten Steel, designed to form a protective patina that resists corrosion, decay and damage. Corten is used for industrial architecture and large scale sculptures because of its longevity and weathering capacity. This is how we know that your Metalbird will not only last for decades, but will likely outlive us all.
How’s that for a Lifetime Guarantee?
We use the secure Hosted Payment page solution from Stripe Payments to process online orders. Customers can see their cards being authorised and debited in real time, all in an SSL secure environment. The Hosted Payment page enables us to offer customers a safe and speedy online shopping experience.
Stripe is committed to protecting the security of your data. We use a variety of security technologies and procedures to help protect your personal information from unauthorised access, use or disclosure. For example, we store the personal information you provide in computer servers with limited access that are located in controlled facilities secured by the latest in surveillance and security technology. When we transmit sensitive information (such as a credit card numbers) over the internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. Credit card details stored on site are encrypted using 168bit 3DES encryption. DPS is also certified AIS compliant.
We ship within United States using various carriers:
FedEx (2 Day Service) - $10.95
DHL (2-5 Day Service) - $7.95
* Puerto Rico Freight: $50.00
For purchases outside of the United States, shipping will be calculated at checkout and Metalbird is not responsible for taxes, customs charges, duties, and restrictions that vary from country to country and result from the importation of certain products.
Delivery: Re-delivery and delivery management is the responsibility of the customer. In regards to holding packages, redeliveries, lost packages, customers will need to contact the freight provider directly through the shipping link provided in the email. Metalbird is not responsible for extra shipping and handling fees on redeliveries.
Metalbird never passes on, sells or distributes your information to anyone else. If you choose to join our mailing list we will email you with product news, upcoming promotions and general information. At any time you can unsubscribe from our mailing list.
This provides general information about Metalbird as a subsidiary of Metalbird USA, LLC and the products and services they offer. The information contained in this has been prepared solely for the purpose of providing information about Metalbird and as such reserves the right to change, delete or move any of the material on the at any time without notice.
Metalbird or Metalbird USA, LLC shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access this information. This includes viruses alleged to have been obtained from the us, your use of or reliance on any of the information or materials available regardless of the type of claim or the nature of the cause of action.
If you have any queries regarding shopping with us, please email us at email@example.com
Any changes to this policy will be posted here.
DISCLAIMERS, EXCLUSIONS & LIMITATIONS
- DISCLAIMER OF WARRANTIES. METALBIRD PROVIDES ITS WEBSITE “AS IS” AND “AS AVAILABLE” BASIS. METALBIRD DOES NOT MAKE ANY REPESENTATIONS OR WARRANTIES CONCERNING PROVISION OF WEBSITE SERVICES. METALBIRD DOES NOT REPRESENT OR WARRANT THAT IT (I) WILL PROVIDE UNINTERRUPTED SERVICE OR ACCESS, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE.
- METALBIRD MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TAC OR ITS RETURN POLICY AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
- EXCLUSION OF DAMAGES. METALBIRD WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF OUR PRODUCTS INCLUDING ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH. METALBIRD WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF METALBIRD OR ANY OF ITS INDEMNIFIED PARTIES ARE ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY. EXCEPT FOR A PARTY’S BREACH OF A REPRESENTATION AND WARRANTIES UNDER THESE TAC OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TAC, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TAC, OR SERVICES OR PRODUCTS PROVIDED BY WEBSITE EXCEED THE AMOUNT PAID BY YOU TO METALBIRD FOR ANY PRODUCT(S).
REPRESENTATIONS AND WARRANTIES
- BY EACH PARTY
Each party represents and warrants to the other party: (i) that it has the full power and authority to enter into and perform its obligations under these TAC, (ii) the assent to and performance by it of its obligations under these TAC do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) these TAC constitute legal, valid and binding obligations of the parties assenting to these TAC, enforceable in accordance with these terms and conditions.
COPYRIGHTS, RELEASE AND USE OF TESTIMONIALS AND PHOTOGRAPHS
The Individual acknowledges and agrees that Metalbird USA,LLC may use the testimonials and photographs in any manner, without restriction of any kind.
The Individual hereby releases and holds Metalbird USA,LLC harmless from and against all claims, suits, threats, demands, liabilities, actions and causes of action, in any way related to the testimonials and photographs or Metalbird use of the photographs.
Promotional Terms and Conditions
BUY 2 AND GET THE 3RD FREE
Buy any two items from our flock and receive the third item free! Free item applies to the product of lesser value. Promotional discount applied at check out and can be used multiple times. Cannot be used in conjunction with any other promotional price or discount offer. Offer valid on metalbird.com 12:01am EST 15th December to 11:59pm 19th December 2022.
12 DAYS OF CHRISTMAS
From December 1 - December 12, daily discounts will be offered on select products. These prices are valid for 24 hours only on the day of launch. We are unable to accomodate any price-match for orders placed outside of this period. Prices and products are subject to change. Discounted items cannot be exchanged for same value.
MINI BIRD ELIGIBILITY
Our minis are only eligible on orders consisting of two or more full priced birds within the same transaction and are limited to one mini per order. Minis are not eligible on our plant stakes, any discounted item, bundle pack, or pack of mini birds. Minis are limited to one per order and only qualify on 2 or more full priced items.
Our best selling bundle options do not include the free mini option as mini is already included within the bundle. You do not have the option of swapping mini for any other product. These are set bundles and not interchangeable for any other products. Offer is not available in conjunction with any other offer. Discount codes cannot be used in conjunction with this offer. For more information contact firstname.lastname@example.org.
GIFT VOUCHER TERMS & CONDITIONS
By using your Metalbird.com gift card, you agree to be bound by the Terms and Conditions, so we recommend that you read them carefully. These Terms and Conditions will be governed by the law of your country of residence.
PURCHASING A GIFT CARD
You can purchase gift cards online at Metalbird.com. Once your order has been approved, gift cards purchased on Metalbird.com for delivery via email will be sent to the email address provided at the time of ordering.
REDEEMING A GIFT CARD
You can use your gift card online at Metalbird.com. You cannot exchange your gift card balance for cash or use the balance of the gift card to purchase another gift card. All purchases made with gift cards are subject to the acceptance of our Terms of Sale for online purchasing. You acknowledge that you have carefully read such terms of sale and agree to fully comply with them. Upon redemption, any unused balance will be carried over for future purchases and will not be redeemed or exchanged for cash.
Your Metalbird.com gift card has no expiry date…. Yay!
MULTIPLE PAYMENT METHODS
The total order value for products purchased online with a gift card includes (i) the price of the product(s), (ii) value-added tax where applicable and (iii) delivery charges where applicable. If the order total is more than the balance on your gift card, the remaining sum must be paid for by another accepted payment method or another gift card. The gift card balance will immediately be reduced following purchase, while the credit card or other forms may expect delays.
REFUNDS FOR PURCHASES MADE WITH A GIFT CARD
If you return a product originally purchased with a gift card, any refund due to you will be returned to the gift card used or to a new gift card where the original gift card cannot be located. If you return a product originally purchased with multiple gift cards, the total refund due will be returned to the most recently purchased gift card. If you return a product originally purchased with multiple payment methods, any refund due will first be refunded to the payment method(s) used for the original transaction (e.g. credit card, debit card or PayPal account) up to the original amount due to that payment method, following which the remaining balance of any refund will be transferred to the gift card used or to a new gift card where the original gift card cannot be located.
You have the right to cancel your Metalbird.com gift card within 14 working days of receipt provided that you have not used the gift card. In case of cancellation, Metalbird will refund the amount of the gift card to the original payment method used during ordering within 14 days of cancellation.
LOST, STOLEN OR DAMAGED GIFT CARDS
Sorry but we cannot replace your Metalbird.com gift card without proper proof of purchase if it is lost, stolen or damaged. Also, Metalbird cannot be held responsible for any balance lost on a Metalbird.com gift card as a result of theft or fraud. Please contact us for more information.
Metalbird reserves the right to refuse, cancel or hold for review gift cards and orders where it is deemed necessary to do so, for example for suspected fraud, cards mistakenly issued in an incorrect denomination or for other violations of gift card policies.