Terms and Conditions

TERMS AND CONDITIONS

These Terms and conditions will apply to any purchase, otherwise referred to as a contract, entered into between, you, the customer and Us, Blue Bird Pet shop.  Before purchasing from Blue Bird Pet shop please read these Terms carefully and make sure that you understand them. Please note that before placing an Order you will be asked to agree to these Terms. Purchasing from Us is acceptance of these Terms. If you cannot accept these Terms, We advise you not to Order Products from Our website.

INFORMATION ABOUT US

We operate the website www.bluebirdpetshop.com We are Blue Bird Pet shop; a registered  registered in Bangladesh and and with Our registered office at Kacchi Bhai Building (Jamuna Pocket Gate), Bashundhara R/A Road. Dhaka – 1229., Bangladesh,. If you have any questions, or if you have any complaints, please contact Us. You can contact Us by raising a ticket on our support centre, where one of our customer service advisors will be in touch within 1 working day to discuss your enquiry further.

Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate before you submit the Order. Once you submit the Order, We will assume this is you agreeing to the Terms set out in this document. If you believe that there is a mistake or require any changes to the Order, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.

OUR PRODUCTS

The images of the Products on Our site are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer, tablet or other handheld or electronic device displays the true colour of the image of the Products. It is important to be aware that your Products may vary slightly from those images.

The packaging of the Products may vary from that shown in the images on Our site.

CONTROLLING TERMS

Buyer expressly agrees that Seller’s Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Seller.

ACCEPTANCE OF ORDERS

Seller may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the Goods to CAI or by any other statement, act or course of conduct which constitutes acceptance under applicable law.

PRICES

Unless otherwise indicated on the face of the invoice, all prices are quoted on a per pound basis. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Buyer shall not have any right to set off any amounts due hereunder against any amounts which may become payable to Seller under any other agreement.

DELIVERY

Unless otherwise agrees in writing signed by officer of Seller, all delivery dates are estimates Seller shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Seller’s failure to deliver Product by the specified date.

TRANSPORTATION AND RISK OF LOSS

The method and route of shipment are at Seller’s discretion unless Buyer timely supplies explicit instructions otherwise. Title to the Product passes to Buyer when Product is delivered to the selected carrier, even if Seller made a nonconforming tender. Buyer attempts to revoke acceptance of the Product, or Buyer repudiates this document after the Products have been identified hereto.

CANCELLATION OR MODIFICATION

Any order placed with and accepted by Seller may be canceled by Buyer only upon Seller’s approval in a writing signed by an officer of Seller and upon terms that indemnify Seller against any loss. Seller will not accept order cancellations once a product has been delivered to a carrier, without charging a cancellation fee of twenty-five percent (25%) of order value to recover retrieval costs incurred. Seller will not accept cancellations of special orders of non-standard, non-price list products. Seller may cancel all or any part of this order and discontinue its performance hereunder without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.

LIMITATION OF LIABILITY

Buyer acknowledges and agrees that seller’s liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on seller’s liability hereunder shall apply even if seller’s liability is due in whole or in part to its own negligence. Any action by or on behalf of Buyer or its successors or assigns for breach of this document must be commenced within one (1) day after the cause of action as accrued.

RETURN OF MATERIAL

Upon delivery of Product, Buyer shall have one (1) hour to inspect Product and notify Seller, in writing, of any defective goods or other cause for rejection. Buyer agrees that one (1) hour period provides Buyer a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. Buyer’s failure to reject Product within such one (1) hour period shall constitute a waiver of Buyer’s inspection right and an unqualified and irrevocable acceptance of the Product by Buyer.

INDEMNITY

Buyer shall defend, indemnify and hold harmless Seller and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by Buyer with or without Seller’s consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label Product or Buyer’s improper labeling of Product regardless of whether the labeling was done with or without the advice of Seller, or any act or omission of Buyer including any Claims for or resulting from any injury to person (including death) or damage to property or for economic loss, several or comparative negligence, breach of agreement, breach of warranty or other breach of duty of or by Indemnitee or as a result of Indemnitee’s strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which Indemnitee has by law.

PAYMENT

Net cash one (1) days from the date of Invoice. Amounts not paid within one (1) days are overdue and shall accrue interest at a rate of one and one-half percent (1-1/2%) per month or the highest allowed by law, whichever is less. Buyer shall reimburse Seller for any costs incurred in collecting past due sums or any other amounts owed by Buyer for any reason whatsoever, including, but not limited to, court costs and attorneys’ fees.

OTHER IMPORTANT TERMS

If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waiver a default by you, We will only do so in writing, and that will not mean that We will automatically waiver any later default by you.

These Terms are governed by Bangladeshi law. You and We both agree to submit to the exclusive jurisdiction of the English courts.