Birdsy Store Sales Terms
Effective Date: August 30, 2019
Welcome to the online Birdsy Store (the “Store”) provided by Birdsy Inc, a Delaware corporation whose principal place of business is at 16 W 19th St , New York, NY 10011, United States ("Birdsy" or "we"). Your purchase of a Birdsy Cam and/or accessories (“Device”) and/or subscription services (“Subscription Services”) from the Store constitutes your agreement to be bound by these Terms of Sale and any terms incorporated by reference, including the Return Policy at birdsy.com/returns, the terms of any limited warranty offered by Birdsy (whether online or accompanying the product) and any other applicable terms in our Warranty at birdsy.com/warranty ("Terms").
Please carefully read the Terms. Your purchase of a Device or Subscription Services requires that you agree to the Terms. If you do not understand the Terms or do not accept any part of them, do not place an order.
Birdsy may provide information about you to third parties to detect, prevent or otherwise address fraud, security or technical issues.
Birdsy reserves the right to reject all or part of an order or a return request and may refuse to ship Devices to you for reasons such as: (a) if we detect suspicious or fraudulent activity (including unauthorized reseller activity) in violation of these Terms; (b) if you do not live in a country from which Devices may be purchased; or (c) if you order more than the permitted maximum number of Devices.
Continuous Subscriptions. When you purchase any of our Subscription Services, you expressly acknowledge and agree that (1) Birdsy is authorized to charge you a monthly or annual subscription service fee depending on the billing cycle you choose (in addition to any applicable taxes) for as long as your subscription continues, and (2) your subscription is continuous until you cancel it or such Subscription Service is suspended, discontinued or terminated in accordance with these Terms.
Billing. We automatically bill the payment method associated with your Birdsy account on a monthly or annual basis (depending on the billing cycle you choose). Day one of your billing cycle is tied to the date you activate your Subscription Services by pairing them to DeviceProduct(s). In the event you later decide to purchase additional Subscription Services (each, an “Add-On Service”), your payment for such Add-On Service will be prorated to the renewal date of your initial Subscription Service and the full amount of the add-on service will be charged on your subscription renewal date. You acknowledge that the amount billed may vary due to promotional offers, changes in your Subscription Services plan and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts.
Cancellations and Refunds. You may cancel your Subscription Services at any time by logging into your Birdsy account and selecting "Cancel Subscription." Note that merely unpairing a Device Product from a Subscription Service will not trigger cancellation of the Subscription Service. Other than as set forth in section 4(f) below (Pre-paid Subscription Services), in the event you cancel a Subscription Service, we will provide a prorated refund for the period of time starting the day after cancellation of the Subscription Service through the remainder of your billing cycle. If you cancel a Subscription Service but continue to use other Subscription Service(s) following such cancellation, we may provide the refund to you in the form of Store Credit.
Free Trials. We may offer free trials of our Subscription Services for limited periods of time. If we offer you a free trial, the specific terms of your free trial will be provided at registration. We have no obligation to notify you when your free trial ends, and we reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
Pre-paid Subscription Services. We may offer Devices Products that include pre-paid Subscription Services, either included in the purchase price or as a Bundle. Pre-paid Subscription Services may not be used with Devices Products other than the Device Product with which those pre-paid Subscription Services were purchased. If you purchase such DevicesProducts, and subject to these Subscription Services Terms and these Terms & Conditions and Terms of Service, the pre-paid Subscription Services will begin on the date you pair your Device Product with your Birdsy account and end on the date noted in your Birdsy account following activation. If you cancel your pre-paid Subscription Services, those Subscription Services will be canceled permanently and you will not receive a refund. Pre-paid Subscription Services are subject to the same terms and conditions as other Subscription Services, including Birdsy’s right to suspend, discontinue or terminate the Subscription Services in accordance with these Terms.
In the event we change the pricing for any Subscription Service you have purchased, we will give you advance notice of this change. After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your subscription as set forth in section 6 above.
Applicable taxes will be presented at checkout or on the Device or Subscription Service description page, and such taxes are estimated and may be subject to change until you are charged.
If Birdsy successfully delivers your Device to the address specified in your order, you will not be entitled to a refund or replacement Device. If you do not receive your Device, please contact us.
Any delivery dates or times provided by Birdsy (or a delivery agent) are estimates only and are not guaranteed.
Certain products have quantity limits. You may not order more than the maximum number of Devices that we specify on a product page or in a product description. For example, the product description or product page may contain a maximum order limit for a particular Device.
If you tell Birdsy that you have not received your Device, the Device is defective, or it has been lost or stolen, Birdsy may deactivate that Device. Deactivation does not automatically delete personal or other data stored on your Device. We strongly recommend that you back-up your data periodically.
If you have a defective Device, please contact us.
If Birdsy provides you with a replacement Device, you agree that Birdsy may exchange the defective Device with a new or refurbished Device. Birdsy may require that you return the defective device before sending you a replacement. You must ensure that the correct device is returned to Birdsy. You will not receive a replacement until Birdsy has received the correct device. If Birdsy provides you with an advanced replacement (at its discretion) device before we receive your defective Device, and you do not return the defective Device within the time communicated to you in notification emails, you authorize Birdsy to charge your original form of payment for the full value of the replacement Device.
Nothing in this section affects your legal rights under statutory or applicable laws. Unless otherwise required under applicable laws, Birdsy may only provide warranty support for Devices manufactured by Birdsy that are located in either the US, Canada, UK or EU.
OTHER THAN THE WARRANTIES REFERRED TO IN THE WARRANTY AT BIRDSY.COM/WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Birdsy AND THE DEVICE MANUFACTURERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If your Device requires a SIM card, or any other mobile connectivity feature required by your Wireless Carrier or Internet Service Provider, you are solely responsible for obtaining such connectivity feature(s). If your Device includes WiFi functionality that allows you to access the Internet, you understand that you will need access to a compatible WiFi access point.
You agree that, unless specifically provided in any Device description page or otherwise agreed by Birdsy, Birdsy has no responsibility for the provision of cellular data services, wireless services or other Internet connectivity services, or the terms under which Wireless Carriers or Internet Service Providers may offer those services. Internet Service Providers and Wireless Carriers may charge you for usage and other fees that Birdsy does not control.
You understand that the Device may only be compatible with certain hardware accessories manufactured by third parties, and Birdsy makes no warranty with respect to such third-party hardware accessories or their compatibility with the Device.
Returning the Device, in accordance with these Terms, does not cancel your service contract with your Internet Service Provider or Wireless Carrier, if applicable, so you must contact your Internet Service Provider or Wireless Carrier (and any other applicable service provider(s)) directly to cancel such service(s).