Terms & Conditions
This Terms and Conditions document governs the use of Metalbird’s Online Service.
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.co.nz 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, you will be contacted and informed of the expected delivery date. We make best efforts to keep inventory information as to stock holding online and current.
All prices in the shopping areas are in United States dollars (USD$) and include Nexus Tax.
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:
|United States||Flat rate of $5.95||2-4 working days approx.|
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.
If you are not satisfied with your purchase please contact us at firstname.lastname@example.org within 7 days from the date of purchase to arrange a refund or exchange. The item must then be sent back to us within 14 days from the date of purchase. Return shipping for a refund or exchange is the responsibility of the customer but we will happily cover the cost of returning the exchanged item.
Items must be unused and be in its original packaging. If these conditions are not met the refund or exchange will not be processed. Refunds and exchanges will be processed within 7 days of receiving the returned item.
The return delivery address for Metalbird is:
Supply Chain Solutions
517 E 1600 N
Attn: Dave Burks
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.