Avalon Aviary Terms of Sale, Shipping and Returns Policy   
 
This statement was last revised on December 8, 2004  
 
Thank you for shopping at Avalon Aviary. We realize that you have many options when purchasing products for your avian
companions, and we appreciate your business.  

This document contains the following sections:

• Terms of Sale
• Orders 
• Reseller Orders 
• Backordered Items 
• Pricing Policy 
• Collections Policy 
• Shipping Policy 
• Special Order Items 
• Damages and Returns 
• Contact Information

Terms of Sale

All orders must be prepaid prior to shipment unless credit has been established. All invoices are Net 15 days. A late payment charge
will be assessed at a periodic rate of 1 ½% per month, or an annual percentage rate of 18%, on unpaid portions thereof, and will be
charged beginning 16 days after the invoice date until paid in full. A minimum finance charge of $1.00 will apply.
 
We charge applicable sales tax on all product orders shipped to the state of Colorado.
We do not do business with anyone under 18 years of age.  If you are using our online store to purchase items, you are certifying
that you are at least eighteen (18) years old and accountable for the transactions you make with us.

Orders

We accept orders via our secure online ordering, as well as by fax, mail and telephone.  Credit Card orders are accepted by phone,
fax or our secure online ordering system. Please do not email credit card information.  All orders are processed in the order they are
received, unless there is an indicated emergency situation with extra-fast shipping requested with an order, in which case it will be
pushed to the front of the line.

We are pleased to offer you a fully automated secure online ordering system for your convenience.  Simply browse our online store,
enter your quantity and click on the “add to cart” button to add items to your order.  Once your order has been placed and we have
credit card approval, we will send you a confirmation email.  Note that you can order without establishing an account, but if you
establish an account we can automatically provide your shipping address and credit card information to you for future ordering time
saving convenience.  Please note:  it is imperative that you provide us with an accurate email address so you may receive your
order confirmation as well as your shipping tracking number, if any, once your order has shipped.

Orders canceled after order placement may incur a processing fee.

Whether you order from Avalon Aviary via the Internet, fax, mail or telephone, your order is prepared and packaged by our staff of
experienced and knowledgeable bird people. If we think that there is a potential problem with a product intended for your particular
bird(s), we will contact you for further information about your bird(s). In doing so, we hope that you and your bird(s) will be pleased
with our service, expertise, and quality merchandise and keep costly returns to a minimum!
We will do our best to fulfill all orders but we cannot guarantee the availability of any particular product or particular quantities of
products. Avalon Aviary reserves the right to discontinue the sale of any product listed at any time without notice.  
Acceptable forms of payment:  regular orders:  Visa and MasterCard, and delayed-shipment orders:  Money Orders and Bank
Checks.  Sorry, no COD’s.   

Reseller orders

Not all of the products we offer on our customer website are available for resellers.  For those that are, please phone, fax, mail or
email your order to us directly.  At this time we do not have a special accommodation in our online store for resellers.  If you are
interested in becoming a reseller, and would like an application and a reseller price list, please send your inquiry to
avalonstore@frii.com  

Back ordered Items

Should an item be back ordered, your account will not be charged until the item is available for shipping. To expedite your order, we
will ship all in-stock items and attempt to notify you via telephone, e-mail or fax should a product be out of stock. At your discretion,
we can either provide substitution suggestions, automatically ship back ordered items when they come in or you can cancel the back ordered
item and re-order that item at a later date. If we do not succeed in reaching you and the back ordered items come in,
we will automatically ship them to you and charge you for them at that time. We will include a notice of back order in each shipment if
applicable.

Pricing Policy

Avalon Aviary strives to provide you with a wide variety of products at low prices. Prices are quoted in U. S. dollars and are valid
only in the United States. Product prices listed do not include shipping fees or applicable sales taxes. Product prices may also vary
from time to time depending on varying market conditions. Prices are not guaranteed. In addition, Avalon Aviary reserves the right to
correct price errors.  

Collections Policy

In the event that Avalon Aviary must initiate collection proceedings for any amount due and owing for products purchased and
delivered from Avalon Aviary Web Site, you agree that you are and will be responsible for all costs, charges and fees (including
attorneys' fees) Avalon Aviary expends accordingly. Colorado law will govern such collection proceedings and any litigation arising
hereunder will be brought in a court having jurisdiction within Colorado. Accordingly, you consent to jurisdiction in the State of
Colorado.  

Shipping Policy  

Within the Continental U.S.  
 
All products purchased directly from Avalon Aviary Web Site or by telephone or faxed order will be shipped either via Federal
Express (FedEx), the US Postal Service, or by Common Carrier.  Drop shipped items will ship on the carrier selected by the
manufacturer. Avalon Aviary reserves the right to select the method of shipment. Please allow 2-8 business days for standard
ground delivery. Upon request we will ship and bill your credit card accordingly for your choice of FedEx expedited shipping or
USPS Express Mail and bill your credit card accordingly. For same day shipping, we must receive your order, clearly marked for
"Same-Day" shipping by 10AM (MT). All in-stock merchandise is usually shipped within 48 hours after receipt of order.  For some
items, shipping may be included (drop shipped from manufacturer); for some items, standard shipping rates may apply.
 
Avalon Aviary does charge a minimal handling or packing fee. Avalon Aviary shipping charges are based on FedEx, USPO or
Common Carrier costs and added to your method of payment prior to shipping. Certain heavy or oversized items may require
additional fees. If your product order requires more than one standard shipping box additional fees may also apply. An invoice
detailing shipping and merchandise charges is included with your order.  
 
Outside the Continental U.S. and International Orders
 
Alaska and Hawaii
 
Packages sent to Alaska and Hawaii may be shipped FedEx or via the USPS with a maximum weight of 70#, via either Priority or
Parcel Post rates.
 
International  
 
Avalon Aviary welcomes international orders and will ship via FedEx or another cost-effective and economical carrier, depending
upon weight and size of your order. We will provide necessary customs information. Notwithstanding the foregoing, please
understand that Avalon Aviary may not be able to ship certain products to all countries. Accordingly, Avalon Aviary reserves the
right, in its sole discretion, to refuse the delivery of any product to any country or territory outside the United States of America.
 
FedEx serves many international destinations, and rates will be quoted accordingly. Packages may be shipped via USPS with a
maximum weight of 66#, and must have a combined girth length of no more than 79", the sum of the length, width and height of the
package. International shipping charges do not include duty, taxes or any additional brokerage fees that may be assessed by the
destination country.

Special Order Items

Avalon Aviary welcomes your special order and we will do our best to facilitate quick and immediate service. To place any special
order, a prepayment in full must be made, and we will advise you as to shipping costs and time. NO RETURNS ON SPECIAL
ORDERS.

Damages and Returns  

General Merchandise
 
In the event that merchandise must be returned, please call Avalon Aviary at 1 970-663-5004 for a return merchandise
authorization. Avalon Aviary is NOT responsible for return shipping costs. Return merchandise must be returned within 10 days
of receipt of goods and be properly packaged to avoid damage upon return. At Avalon Aviary's discretion, a store credit, valid for up
to 1 year, a refund, or a replacement item will be issued ONLY for returned food items that are unopened or completely sealed. Non-
porous items (such as plastic, nylon, or metal) bird-toys, T-shirts, Polo shirts, Ball-caps or aprons or artwork may be returned for a
refund, store credit valid for up to 1 year or exchanged for size. We are sorry, but for the protection of your birds as well for the birds
of other Avalon Aviary customers, any porous items, including bird toys that contain wood, leather, rope and/or cloth or
opened bags or containers of any bird food product are not returnable. Books, videos and cages are not returnable.
 
Lost Items or Items Damaged in Transit
 
Upon reimbursement by the shipper for a lost shipment pursuant to a claim filed against the shipper, your charge card will be
credited. Depending upon the shipper, this may take 2 weeks to 4 months. We will make reasonable efforts to facilitate resolution of
this problem. In the event that you received an item damaged in shipment from Avalon Aviary, please contact the shipper to file your
claim. Please keep all original shipping and packing materials, including paperwork for the claims adjuster. If requested, we may
assist you in handling the damaged merchandise claim with the shipper. Please contact us regarding a replacement item, refund or
a store credit and to advise us of the damaged shipment.