TERMS AND CONDITIONS
This website is operated by BirBaby. Throughout the site, the terms “we”, “us” and “our” refer to BirBaby. We offer this website, including all information, tools and services available from this site to you, the user/customer, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMS
By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
REFUNDS, RETURNS, DELAYS, CLAIMS AND DAMAGES - OUR GOALS
We take great pride in the quality and craftsmanship of our products. Attention to design, materials, safety and construction is our priority. We carefully inspect your order prior to shipment and hand package it with care. Our goal is to exceed your expectations.
Upon request, we will, at our sole option, refund or credit the delivery fees that a customer has paid if a guaranteed delivery is not delivered in accordance with the applicable service guarantee. The amount of the refund will be the difference between ground delivery costs and the delivery cost the customer paid. By accepting the Terms & Conditions herein, the customer recognizes that delays are beyond our control and a customer is limited to partial refunds of delivery fees only if a gift is delayed in transit.
We are not responsible for the consequences (direct or indirect) of a failure to deliver a delivery by a stipulated time.
EVENTS BEYOND OUR CONTROL
We are under no obligation to refund or credit a customer for any delivery charges, or for any loss, damage, delay, non-delivery, mis-delivery or failure to perform, caused by events beyond our control, including, but not limited to, any act, default or omission of the gift sender/customer, gift recipient or any party having an interest in the delivery, defects or inherent vice in the delivery, acts of God, perils of the air, weather conditions, mechanical delays, disruptions in air or ground transportation networks, acts of public enemies, public health crises, quarantine, war, strikes or other labor disruptions (of any entity including vendors, suppliers or customers), terrorism, riots or civil commotion, acts of public authorities (including customs or health officials) with actual or apparent authority, customs clearance delays, import/export documentation deficiencies or deliveries requiring extraordinary handling, documentation or routing.
GIFTS/GIFT BASKETS DAMAGED OR LOST IN TRANSIT
Upon delivery, please have the gift recipient inspect the delivered goods and notify us by email of any damage within five business days of the delivery date. By email, provide us with enough information to allow us to understand the situation including pictures of the damages. We will not process any claim for loss of or damage for any delivery unless notice thereof sets out the particulars of the origin, destination, parcel identification number (PIN), date of delivery and the estimated amount claimed in respect of such loss or damage is given to us within the time limits set out below, failing which we will have no liability in respect of the delivery. Documentation must include pictures of the damages, estimates for repair, or other records. Failure to submit the necessary supporting documentation will result in the claim being denied.
The right to damages of any kind against us will be extinguished unless we are contacted within five business days of the damage package being received or five days from the date on which the delivery should have been delivered, or five days from the date on which delivery stopped.
Excluding refund requests made in respect of our service guarantees, all claims must be submitted in writing by email with supporting documentation.
We do not accept returns of damaged gifts in any circumstances as most of the items that we sell are customized, gift wrapped or food items and cannot be resold. However, we will replace the damaged items if the damage was caused by Fedex, UPS or any courier and supporting documentation is provided. Items that are not damaged, will not be replaced.
We retain the right to inspect any delivery that is the subject of a damage claim. If we request that the customer retain the delivery and packaging for inspection, the customer shall retain the delivery and packaging for inspection us for a period of 10 days. Failure to retain the delivery and packaging for inspection may result in the claim being denied.
REFUNDS ARE NOT AVAILABLE IN THE FOLLOWING CIRCUMSTANCES
- PERISHABLE ITEMS & CHOCOLATE DIPPED STRAWBERRIES - When a customer does not pick same-day or next-day shipping for fruit, strawberries, chocolate-dipped strawberries and other perishable items as these items are perishable and we do not recommend shipping options longer than next-day service. The customer recognizes that it had the option to choose same-day or next-day services and chose a different delivery option that is risky. The customer recognizes that we are not able to process a refund when the customer has made a risky delivery decision. In some cases, we may decide to ship chocolate truffles instead of chocolate dipped strawberries so that the product has a better chance of being delivered in a good condition. The customer agrees to this decision and will not request a refund when this substitution has occurred.
- EVENTS BEYOND OUR CONTROL - For delivery charges, or for any loss, damage, delay, non-delivery, mis-delivery or failure to perform, caused by events beyond our control, including, but not limited to, any act, default or omission of the gift sender/customer, gift recipient or any party having an interest in the delivery, defects or inherent vice in the delivery, acts of God, perils of the air, weather conditions, mechanical delays, car/vehicle accidents, disruptions in air or ground transportation networks, acts of public enemies, public health crises, quarantine, war, strikes or other labor disruptions (of any entity including vendors, suppliers or customers), terrorism, riots or civil commotion, acts of public authorities (including customs or health officials) with actual or apparent authority, customs clearance delays, import/export documentation deficiencies or deliveries requiring extraordinary handling, documentation or routing.
- CHANGE OF MIND - Where a customer has a "change of mind” after an order has been placed.
- PERSONAL TASTES - Where personal taste differences occur.
- NOT AS DESCRIBED & SUBSTITUTIONS - Where a package is “not as described on our website” and/or we have substituted item(s) in a gift/gift basket that are in compliance with our “substitution policy”.
- ORDER CHANGES - For changes to orders submitted less than two days prior to the date the gifts/gift baskets will be processed for delivery. During holiday periods 7 days is required. NOTE: If you have changes that are needed, and they are outside of this time frame, please call us and we will do our very best to accommodate you; we just cannot guarantee them or provide refunds in such circumstances.
- UNDELIVERABLE ITEMS - When gifts/gift baskets are undeliverable. If the intended recipient is not there to receive the package or incomplete or inaccurate address information was provided at the time the order was placed, we are not responsible for the loss of the packages or damages.
- STOLEN ITEMS - When a delivery is stolen OR goes missing. If we have proof of delivery from any courier, the customer is not entitled to a refund. The customer is accepting the risk for lost and stolen gifts/gift baskets.
CLUB MEMBERSHIPS - RETURNS, DAMAGES AND CANCELLATION
Due to the perishable nature of most of the items in our club memberships, we are unable to accept returns for club memberships under any circumstances or process refunds.
All claims for damaged, spoiled, or missing shipments must be made within 5 days – see our Terms and Conditions above for details.
Memberships cannot be cancelled under any circumstances. If you signed up for a specific club membership, you are obligated to fulfill the complete term.
Unless otherwise indicated, the following Specialized Service charges may be added to any delivery for an additional charge. Other specialized services may be available upon request.
- HOLD FOR PICKUP - Where a gift recipient is not available to accept a delivery attempt by one of couriers, the delivery will be held at an authorized location for in-person pickup. Deliveries held for pickup will be held at the authorized location up to five business days. If the gift recipient fails to pick up the delivery during this time, the package will be returned to our warehouse at the customer’s expense. In such circumstances, the customer will not be entitled to any refunds as the items are not able to be resold.
- ADMINISTRATIVE CHARGES - We reserves the right to discontinue, apply new, or modify existing, administrative charges at any time and from time to time. Unless otherwise indicated, any of the following administrative charges may be applied to any orders placed with us.
- ADDRESS CORRECTION - An additional $10 charge may be applied per piece where the recipient’s address is incorrect, incomplete or illegible.
- PROOF OF DELIVERY - Unless otherwise specified in these Terms and Conditions, we will provide electronic proof of delivery, where available, to customers at no extra charge by contact our customer service department. An additional $25 charge will be applied if a customer requests, and is provided with, a hard copy proof of delivery.
MULTIPLE BASKETS DELIVERED IN ONE ORDER AND SOME BASKETS ARE LESS THAN $100
We delivery gifts/gift baskets free-of-charge to most areas in USA when the value of the gift/gift basket is over $80 per delivery location. When multiple baskets are ordered and some of the baskets are under $80, we will separately charge you for the delivery charges for these deliveries.
We reserve the right to discontinue, apply new, or modify existing, delivery charges at any time and from time to time. Unless otherwise indicated, any of the following delivery charges may be applied to any delivery:
- BEYOND POINT - An additional charge will be applied where the origin or destination point is deemed by us to be remote or is not serviced directly by us. Please contact by email for details.
- REDELIVERY FEES - An additional charge will be applied to any delivery that is required to be redelivered where we, through no fault of our own, were unable to complete delivery on the first attempt. This charge will be applied for each subsequent delivery attempt.
- REDIRECT IN TRANSIT - An additional charge will be applied to any delivery requiring a change of delivery address while in transit, requested by either the customer or the gift recipient (if permitted*), with the requester having to pay the additional charge.
SAME DAY DELIVERIES – ADDITIONAL CHARGES
Unless otherwise indicated, the following delivery charges may be applied to any Same Day Delivery:
ORDER CANCELLATION - Same Day orders are considered “dispatched” after being entered into the dispatch system and after a confirmation number has been provided to the Customer. If a Same Day order is cancelled after being dispatched, orders will be charged the full delivery charge, inclusive of all Taxes and Additional Charges.
REDIRECT IN TRANSIT - Same Day orders are considered “dispatched” after being entered into the dispatch system and after a confirmation number has been provided. If a Same Day order is redirected after being dispatched:
- If redirected before pickup, orders will be charged the full delivery charged for the new destination only, inclusive of all Taxes and Additional Charges;
- If redirected after pickup, orders will be charged the full delivery charge for the first destination, plus the full delivery charge for the new destination, inclusive of all Taxes and Additional Charges.
In the event that a gift/gift basket is undeliverable, title to the gift/gift basket will pass to us and such gift/gift basket may be disposed of at our sole discretion and at any location. The purchaser is not entitled to a refund in such circumstances as the items cannot be resold.
All prices are subject to any applicable taxes according to federal and state/provincial/territorial laws. If your location can be determined, prices will be shown in your currency. Availability, prices and delivery rates are subject to change. There may be errors in the prices, descriptions or images of certain merchandise, and we must reserve the right to adjust the price of those items.
SUBSTITUTION POLICY & ORDERS NOT ACCORDING TO ORDER
From time to time, substitutions may be necessary to fill an order in a timely manner (especially when an order is for a holiday or occasion such as a birthday or anniversary and the gifts need to arrive on time). Some of the items in our gifts/gift baskets may be backordered, discontinued or out-of-stock for a variety of reasons -- most of which are beyond our control.
In these circumstances, we will substitute items of equal or greater value in all cases. We reserve the right to substitute any item with an item of equal or greater value. For example, if a particular type of pasta is backordered such as Spaghetti, we will substitute if with a closely related item at a higher value such as Fettuccine. Doing this, will ensure that your order will be delivered on a timely basis.
In some cases, we will substitute the entire gift/gift basket. Please understand that the utmost care and attention is given to your order to ensure that it is as similar as possible to the one requested.
By accepting these Terms & Conditions, customers recognize that gift recipients may receive products that are “Not According to Order” or include “Substituted Items”. Further, customers recognize that they are not entitled to refunds/credits/replaced items in such circumstances. It is agreed that it is more important to have a gift/gift basket delivered on a timely basis that to have the exact gift that was ordered delivered.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.
Certain content, products and services available via our service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of America if the order is placed in the USA. If the order is placed in USA or anywhere else in the world, then these Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of USA.
CHANGES TO TERMS & CONDITIONS
You can review the most current version of the Terms & Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
Questions about the Terms & Conditions should be sent to our customer service department by email.