Terms + Conditions
Effective Date: Monday, February 13, 2023 at 1:13 PM PST
Please read this Terms and Conditions ("Terms," "Terms of Service") carefully before using the www.treatsforchickens.com Website (the "Website") operated by TREATS FOR CHICKENS, LLC., a(n) Limited Liability Company formed in California, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice and any or all Agreements: "The Company", “Ourselves”, “We”, Website”, and "Us", refers to TREATS FOR CHICKENS, LLC. “Party”, “Parties”, or “Us”, refers to both the Customer and ourselves, or either the Customer or ourselves.
We reserve the right in our sole discretion to change, modify, add, or delete portions of this Notice at any time. We will provide notice of such changes only by posting the updated Notice on our website and changing the “last updated” date listed above. This Notice applies exclusively to your access to, interaction with, and use of, this website and does not alter in any way the terms or conditions of any other agreement you might have with TREATS FOR CHICKENS, LLC. for products, services, or otherwise. We encourage you to review our Notice each time you visit our site to see if it has been updated since your last visit.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
Disclaimer and Warranties
TREATS FOR CHICKENS, LLC. is providing this site and its contents on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents. We provide general information about chickens, domestic fowls, wellness, gardening, cooking, rustic boutique lifestyle, and products for consenting adults 18 years of age or older. Our advice and instructions use a reasonable level of skill, expertise and care, but we do not make any specific guarantees. All the information is for information and entertainment purposes only “as is” and should not be treated as medical or professional advice. These products are not intended to diagnose, cure or prevent any disease.
Any reliance you place on the information provided by this site is strictly at your own risk and should not be considered a substitute for advice from your vet or other medical professional.
Please refer to our Disclaimer/Veterinary Care: https://treatsforchickens.com/pages/disclaimer-veterinary-care
Copyright and Trademarks
Copyright ©, 2009-2023 TREATS FOR CHICKENS, LLC. All Rights Reserved. Treats for Chickens logo character, CHICKEN CRACK®, CLUCK YEA®, MEALWORM DELIGHT®, MOLT MENDER®, MOTHER CLUCKER®, PULLET TOGETHER®, and NESTING BOX BLEND® are all registered trademarks of TREATS FOR CHICKENS, LLC. All page headers, custom graphics and button icons are service marks and trademarks [CLUCK'N SEA KELP™, HEALTHY HEN WELLNESS™, PARDON MY DUST™] of TREATS FOR CHICKENS, LLC. TREATS FOR CHICKENS™ trademark for TREATS FOR CHICKENS, LLC. Trademarks are fully protected to the extent of the and may not be used or reproduced without its written consent. All other trademarks are the property of their respective owners.
If you are aware of a potential infringement of our intellectual property, please contact Dawn Russell at firstname.lastname@example.org with a screenshot of the infringement.
Please refer to the Intellectual property and DMCA notice and procedure for intellectual property infringement claims section located down below.
Our Website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort with American Express, Discover, MasterCard, and Visa. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
Please refer to our Private Policy: https://treatsforchickens.com/pages/privacy
Our Offers and Pricing Disclaimer
We offer goods on this Website. The price of these goods can be found listed on the Website. This price includes all applicable taxes and other fees at checkout. Price and availability information is 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 Goods and/or Service.
Product Availability Disclaimer
The availability of certain products shown on this site may be limited or seasonal and may not always be available for immediate delivery. In addition, some products may not be available in all geographic areas. We also reserve the right to limit quantities.
When you make a purchase on the Website, you will be able to choose the third-party payment processor that will collect your payment information and process your payment. You may make purchases using the following third-party payment processors: PayPal, Shopify, Signapay, and Authorize.net. We are not responsible for the collection, use, sharing or security of your billing information by these third-party payment processors. The following payment method(s) are accepted by the third-party payment processors: American Express, Discover, MasterCard, and Visa.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third-party payment processor(s) is true, correct and complete.
Prices, Offers, and Purchases through other Identities
TREATS FOR CHICKENS, LLC. products are covered under proof of purchase. We do not issue refunds or returns for products that were not purchased directly from https://treatsforchickens.com. We are also not responsible for the products’ condition if not purchased directly from us, for the conditions could have changed during transit or another party’s warehouse.
A coupon ("discount," "promotion," "sale," “claim”) may only be used on https://treatsforchickens.com and in conjunction with the purchase of products shipped, created, and sold by TREATS FOR CHICKENS, LLC. and not on products sold by third-party sellers. Each coupon is identified by a code and has different incentives. If you do not purchase the qualifying items added to your Cart when the coupon is in effect, the discount will not apply. The coupon offer will not be valid until it is applied to the qualifying item. The promotion is limited to one coupon per customer. Coupons are not transferable, not redeemable for cash, and cannot be combined with any other coupons, offers, discounts, or promotions offered by TREATS FOR CHICKENS, LLC. Third-party discounted offers or events are not valid.
If you return any of the items purchased with a coupon, the coupon discount or value may be subtracted from the return credit. Applicable shipping and handling charges apply to all products and will not be subtracted from the return.
Coupons are valid for a limited time only. Offer valid while supplies last. We are not responsible for delay, loss, misdirection, or nonuse of the coupon. We reserve the right to modify or cancel coupons at any time.
We offer cancellations on purchases made on the goods offered on our Website. We offer cancellations only prior to shipment. You may cancel your order by contacting us and via the Website. You will not be charged a cancellation fee and we will issue a refund of the full purchase price that you paid if you cancel your purchase prior to shipment.
We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know in a timely manner if we plan on canceling your purchase.
We will issue you a refund of the purchase price that you paid if we cancel your purchase.
You may submit a request to cancel your order on the same day the order was placed. Please note that if the Order is already shipped or delivered, we will not approve the cancelation request as indicated above.
You may return new, unopened item(s) within 7 days of delivery for a refund or store credit, minus a 20% restocking charge based on the price paid for the item, excluding the shipping charge. We will pay the return shipping costs if the return is a result of our error or you received an incorrect or defective item.
If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. Once we've received and processed the unopened returned item(s), we will notify you by email of your refund.
You should expect to receive your refund within 6 weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).
If you have questions about how to get the best results with your products please send us an email at email@example.com. We are here to help and can assist with your products.
All sample sizes and all opened products are non-refundable. All shipping charges are also non-refundable.
When you purchase our goods, either we or a third party will ship these goods to you. If a third party is used for shipping, the shipping will be governed by that third party’s Terms of Service and other applicable policies. Please contact us to gain access to the third party’s identity and policies.
When you purchase our goods, the cost of the shipping will be calculated and visible to you during the checkout process.
We or a third party will ship the goods to you within a reasonable time from the date that you made your purchase.
Please refer to our Shipping + Local Pickup Policy: https://treatsforchickens.com/pages/shipping
NO WARRANTY ON PURCHASES
THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be reject the goods, services or digital products. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
Please refer to our Subscribe + Save Page: https://treatsforchickens.com/collections/subscribe-and-save
The Treats for Chickens Reward Program aka Cluck Bucks was retired December 31, 2022. A new program is under review, and details will be available at a later date.
When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate TREATS FOR CHICKENS, LLC. or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
- Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
- Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
- Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Website;
- Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
NO WARRANTY ON WEBSITE
THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Availability, Errors and Inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
DAMAGES AND LIMITATION OF LIABILITY
IN NO EVENT SHALL TREATS FOR CHICKENS, LLC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF TREATS FOR CHICKENS, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Third Party Websites
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual Property and DMCA Notice and Procedure for Intellectual Property Infringement Claims
All contents of this Website are ©2009 - 2023 TREATS FOR CHICKENS, LLC. or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, marks, designs, text, graphics, pictures, video, audio or visual material, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of TREATS FOR CHICKENS, LLC. and are either registered trademarks, trademarks or otherwise protected intellectual property of TREATS FOR CHICKENS, LLC. or third parties in the United States and/or other countries.
You may not link in any manner reasonably likely to :
- imply affiliation with or endorsement or sponsorship by TREATS FOR CHICKENS, LLC.
- cause puffery, malice, or deception.
- Dilute TREATS FOR CHICKENS, LLC.’s trademarks, service marks or trade names.
- OR otherwise violate applicable law.
If you are aware of a potential infringement of our intellectual property, please contact Dawn Russell at firstname.lastname@example.org.
We respect the intellectual property rights of others. We use Pixabay and Shopify’s Burst royalty-free images, and credit the artist either directly by “photo credit”, naming of the photos and/or alt text or have been given express permission by customers. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
You may submit your claim to us by contacting us at:Treats for Chickens, LLC
442 Houser Street, Unit E
Cotati, CA 94931, USA
Governing Law, Severability, Dispute Resolution and Venue
These Terms shall be governed and construed in accordance with the laws of the state of California, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Sonoma County, California.
YOU AND TREATS FOR CHICKENS, LLC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 of Service constitutes acceptance of those changes.
TREATS FOR CHICKENS, LLC shall have the right immediately to terminate this agreement with you and your use of the website if it determines in its sole discretion that you have breached any of these Legal Terms and Conditions or otherwise been engaged in conduct which TREATS FOR CHICKENS, LLC. determines in its sole discretion to be unacceptable.
If you have any questions about our Terms of Service, please contact us at email@example.com