Terms of Use

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright:
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Noya Quail. The collective work includes works that are licensed to Noya Quail. Copyright 2015, Noya Quail ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Noya Quail or purchasing Noya Quail products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Noya Quail or to purchase Noya Quail products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Noya Quail. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks:
All trademarks, service marks and trade names of Noya Quail used in the site are trademarks or registered trademarks of Noya Quail.

Minimum Order Quantity:
NoyaQuail.com reserves the right to accept or reject to the order in to ensure safe shipping of the birds. If an order is placed which is not a safe shipment according to our judgment, we reserve the right to reject the order and refund any payments made by the customer. 

Refund Policy:
NoyaQuail.com will enact a refund in the event of an order cancellation, or the enactment of a guarantee. We will never refund more than the original payment amount. Under no circumstances will NoyaQuail.com compensate anyone for any circumstance above the original order amount. 


Cancellation Policy: 
NoyaQuail.com will cancel any order up to 1 week prior to the shipment date. In the event of an order cancellation, NoyaQuail.com will charge a 10% restocking fee. Thus, the customer will receive 90% of the original order amount in the event that he or she cancels his or her order. 


Order Change Policy: 
NoyaQuail.com will change an order per the customer request at the sole discretion of NoyaQuail.com management. Change requests are subject to availability and may be rescheduled to a new shipping date. If NoyaQuail.com does make an order change, and the customer has been notified of their live poultry shipping date via email, the order is subject to a $5.00 change fee.


 

NoyaQuail.com Guarantees

 

Live Arrival Guarantee: 
NoyaQuail.com guarantees that you will receive the number of birds you have ordered and paid for alive in your shipment NoyaQuail.com will often include extra birds (in the same breeds/genders which you've ordered), to ensure you receive at least the number of birds you have ordered. When shipments arrive, customers are asked to count the number of birds they have received alive. If this count is smaller than the number of birds ordered and paid for, NoyaQuail.com will offer compensation. When shipping day-old poultry (including chicks, Juveniles, hatching eggs, Quail, Pheasants, etc.), NoyaQuail.com also guarantees that the customers birds will be alive through 24 hours after receipt. When shipping juvenile or adult birds, NoyaQuail.com only guarantees that the birds will be alive upon arrival. NoyaQuail.com does not guarantee the birds any time after they have been successfully delivered.

 

Live Arrival Guarantee - Juvenile and Adult Birds:
When a customer orders, pays for, and receives Juvenile and/or Adult Birds (such as Quail, Chukar, Pheasants), NoyaQuail.com guarantees that the birds will arrive alive. However, the Live Arrival Guarantee ends after the birds have arrived. NoyaQuail.com does not guarantee the health or well-being of the birds beyond delivery. In the event that a bird does arrive in a deceased condition, the customer must report this loss within 24 hours of receipt. Furthermore, the customer may be asked to provide additional information, such as the name of the Postal Service employee who handled the birds, or a photo of the deceased bird(s). In the event that the conditions have been satisfied for Live Arrival Guarantee compensation, NoyaQuail.com will issue compensation in accordance with the Live Arrival Guarantee - Compensation Policy. Delivery is defined as the shipment's arrival at the local Post Office, when the customer has been contacted to notify him or her that the shipment is available for pickup or delivery. In the event that the customer does not retrieve the shipment from the Post Office on the same day as arrival, or communicate a delivery authorization with the Post Office of the same day as arrival, this Live Arrival Guarantee is void.

 

Live Arrival Guarantee - Day-Old Poultry:
When a customer orders, pays for, and receives day-old poultry, NoyaQuail.com guarantees that the quantity of ordered birds will arrive alive, and be alive through the first 24 hours after arrival. In the event that a customer receives fewer alive birds than he/she has ordered, or has fewer alive birds than he/she ordered 24 hours after delivery, the loss must be reported within 4 days of arrival. Furthermore, the customer may be asked to provide additional information, such as the name of the Postal Service employee who handled the birds, or a photo of the deceased bird(s). In the event that the conditions have been satisfied for Live Arrival Guarantee compensation, NoyaQuail.com will issue compensation in accordance with the Live Arrival Guarantee - Compensation Policy.


Live Arrival Guarantee - Compensation Policy:
In the event that a customer has losses in accordance to NoyaQuail.com Live Arrival Guarantee, NoyaQuail.com will offer to refund the customer for the cost of the birds, issue a store credit equal to 120% of the cost of the birds, or reship the birds at no cost. The method of compensation is the sole decision of NoyaQuail.com. The customer is always entitled to a cash refund as compensation, but store credit and/or reshipment will only be offered at the sole discretion of NoyaQuail.com. Customers are not entitled to compensation for shipping and handling charges, packaging materials, or additional services (vaccinations, treatments, etc). Customer are only entitled to the written cost of the guaranteed product at the time of purchase.

 

Eggs Arrival Guarantee: 
NoyaQuail.com guarantees that the customer will receive the number of eggs he/she has ordered and paid for in an intact condition, which no significant damage or breakage. In the event that the customer does receive cracked or broken eggs, the breakage must be reported to NoyaQuail.com within 2 business days of arrival. On most egg shipments, NoyaQuail.com will include extra eggs of the same product, to ensure the customer receives at least the number of eggs he/she has ordered and paid for. In the event that the customer receives fewer intact eggs that he/she has ordered and paid for, the customer will be entitled to compensation for the cost of those eggs. 

 

Egg Fertility Guarantee:
When a customer orders, pays for, and receives fertile eggs for hatching, NoyaQuail.com guarantees that 80% of the eggs ordered will be alive at the first candling. The first candling normally occurs 1-2 weeks after the customer has begun to incubate the eggs. On most egg shipments, NoyaQuail.com will include extra eggs of the same product, to ensure the customer receives at least the total number of eggs he/she has ordered and paid for. In the event that the customer has fewer than 80% of the total number of eggs order and paid for alive at the first candling, the customer will be entitled to compensation for the cost of those eggs. In order for the customer to be entitled to compensation, he/she must report the less than 80% egg growth within 14 days of receiving the eggs. Customers who report low fertility 15 days or more after the eggs have arrived will not be entitled to compensation. NoyaQuail.com makes no guarantee of any kind that the customer will be able to successfully hatch fertile eggs. 

 

Egg Guarantees – Compensation:
In the event that a customer is entitled to compensation due to NoyaQuail.com's Egg Product or Egg Fertility Guarantee, the method of compensation is at the sole discretion of NoyaQuail.com. NoyaQuail.com will offer a refund for number of eggs which meet the guarantee compensation criteria. The refund amount is determined by the cost of the eggs themselves. Shipping, packaging, or handling charges are not part of this refund amount. NoyaQuail.com may offer to issue the customer store credit, or may offer to replace the eggs. These compensation methods are secondary, and may be offered as options to the customer. Customers are not entitled to store credit or replacements. NoyaQuail.com will always offer a refund, but may not always offer store credit or replacement.

 

Sexing Guarantee:

Sexing Accuracy Guarantee: Day old poultry sexing is generally about 90-95% accurate. For orders of 50 birds or less, we guarantee 100% accuracy. If a customer receives any wrongly sexed birds in an order of 50 chicks or less, we will refund the customer for the cost of the wrongly sexed birds. For orders of more than 50 birds, we guarantee 95% accurate sexing. If you receive more than 5% of wrongly sexed birds, we will refund the difference between the gender prices (commonly the cost difference between a pullet and a cockerel), for the number of birds over 5% of the total order. Sexing Error Claims must be reported between 10 and 18 weeks of the shipment date to be eligible for a refund. 

 

Additional General Terms and Conditions

 

Warranty Disclaimer:
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Noya Quail disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Noya Quail does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Noya Quail does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability:
Noya Quail shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Noya Quail has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors:
In the event that a Noya Quail product is mistakenly listed at an incorrect price, Noya Quail reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Noya Quail reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Noya Quail shall issue a credit to your credit card account in the amount of the incorrect price.


Termination:
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Noya Quail without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice:
Noya Quail may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Noya Quail.


Miscellaneous:
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Noya Quail products) shall be in the state or federal courts located in San Diego County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Noya Quail products) must be commenced within one (1) year after the claim or cause of action arises. Noya Quail’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Noya Quail may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site:
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Noya Quail or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer:
Noya Quail does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Noya Quail is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Noya Quail reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Noya Quail in its sole discretion.


Indemnification:
You agree to indemnify, defend, and hold harmless Noya Quail, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links:
In an attempt to provide increased value to our visitors, Noya Quail may link to sites operated by third parties. However, even if the third party is affiliated with Noya Quail, Noya Quail has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Noya Quail. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Noya Quail seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).