This Terms and Conditions document governs the use of Metalbird’s Online Services.

Nothing in these Terms grants the visitor the right to download, print, reproduce, capture, save, sell, copy or distribute any portion or content of this website, absent express written permission from Metalbird. Metalbird reserves all rights under relevant copyright laws.;

PURCHASING FROM WWW.METALBIRD.CA

Products displayed on the site shopping area can be purchased using secure online methods:

* Visa and Mastercard transactions through the Shopify payment gateway (powered by Stripe) or Google Pay

* Paypal

* Buy now, Pay later USA: ShopPay Instalments (powered by Affirm)

Customers can be confident that their details are protected and are used only for purposes of transaction fulfilment. Metalbird does not keep cardholder information.

ELIGIBILITY TO PURCHASE

The purchase of products from metalbird.ca is limited only to parties who can enter into and form contracts in accordance with Canadian law. Customers must provide their real name, phone number, e-mail address and other requested information. When providing payment details, customers must warrant that the payment details provided are theirs and are both valid and correct. metalbird.ca is only available to customers who meet our terms of eligibility.

STOCK AVAILABILITY

If an item is temporarily out of stock, you will be contacted and informed of the expected delivery date. We make best efforts to keep inventory information as to stock holding online and current.

PRICING

All prices in the shopping areas are in Canadian dollars (CAD$) and include applicable Canadian sales taxes and GST, which are calculated at cart.

LIFETIME GUARANTEE

For over ten years now, Metalbird has been producing quality works of art that last a lifetime, wherever you install them. We stand by the materials and craftsmanship of our birds, and if you’re unhappy with either, please contact us to discuss your concerns.

All of our birds, and occasionally our bees, are made from Corten Steel, designed to form a protective patina that resists corrosion, decay and damage. Corten is used for industrial architecture and large scale sculptures because of its longevity and weathering capacity. This is how we know that your Metalbird will not only last for decades, but will likely outlive us all.

How’s that for a Lifetime Guarantee?

SECURITY

We use the secure Hosted Payment page solution from Stripe Payments to process online orders. Customers can see their cards being authorised and debited in real time, all in an SSL secure environment. The Hosted Payment page enables us to offer customers a safe and speedy online shopping experience.

Stripe is committed to protecting the security of your data. We use a variety of security technologies and procedures to help protect your personal information from unauthorised access, use or disclosure. For example, we store the personal information you provide in computer servers with limited access that are located in controlled facilities secured by the latest in surveillance and security technology. When we transmit sensitive information (such as a credit card numbers) over the internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. Credit card details stored on site are encrypted using 168bit 3DES encryption. DPS is also certified AIS compliant.

SHIPPING

Metalbird uses both Canada Post and Fedex to ship:

* Canada Post: our "Standard" service, rated by Province, from $10.95 through to $19.95.

* Fedex: our expedited service, on average faster and with a high reliability of delivery in 1-3 days. This cost has increased substantially over the past 18 months, and while we try to minimise this cost for our customers, we have to pass on most of what we are charged (we still absorb some of the actual cost for you).

Fedex In-Zone charging starts from $14.95. Fedex Out-Of-Zone charging (per the postal code list below) starts from $29.95.

Delivery: Re-delivery and delivery management is the responsibility of the customer. In regards to holding packages, redeliveries, lost packages, customers will need to contact the freight provider directly through the shipping link provided in the email. Metalbird is not responsible for extra shipping and handling fees on redeliveries.

RETURNS

If you are not satisfied with your purchase please contact us at info@metalbird.ca within 7 days from the date of purchase to arrange a refund or exchange. The item must then be sent back to us within 14 days from the date of purchase. Return shipping for a refund or exchange is the responsibility of the customer but we will happily cover the cost of returning the exchanged item.

Items must be unused and be in its original packaging. If these conditions are not met the refund or exchange will not be processed. Refunds and exchanges will be processed within 7 days of receiving the returned item.

The return delivery address for Metalbird is:

Supply Chain Solutions (Canada) Ltd
9213 Boul Langelier
Saint Leonard
QC H1P 3K9
Canada

PRIVACY

Metalbird never passes on, sells or distributes your information to anyone else. If you choose to join our mailing list we will email you with product news, upcoming promotions and general information. At any time you can unsubscribe from our mailing list.

DISCLAIMER

This provides general information about Metalbird as a subsidiary of Metalbird CA, LLC and the products and services they offer. The information contained in this has been prepared solely for the purpose of providing information about Metalbird and as such reserves the right to change, delete or move any of the material on the at any time without notice.

Metalbird or Metalbird CA, LLC shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access this information. This includes viruses alleged to have been obtained from the us, your use of or reliance on any of the information or materials available regardless of the type of claim or the nature of the cause of action.

CONTACT DETAILS

If you have any queries regarding shopping with us, please email us at
info@metalbird.ca

Policy Changes

Any changes to this policy will be posted here.

DISCLAIMERS, EXCLUSIONS & LIMITATIONS

1. DISCLAIMER OF WARRANTIES. METALBIRD PROVIDES ITS WEBSITE “AS IS” AND “AS AVAILABLE” BASIS. METALBIRD DOES NOT MAKE ANY REPESENTATIONS OR WARRANTIES CONCERNING PROVISION OF WEBSITE SERVICES. METALBIRD DOES NOT REPRESENT OR WARRANT THAT IT (I) WILL PROVIDE UNINTERRUPTED SERVICE OR ACCESS, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE.

2. METALBIRD MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TAC OR ITS RETURN POLICY AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

3. EXCLUSION OF DAMAGES. METALBIRD WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF OUR PRODUCTS INCLUDING ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH. METALBIRD WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF METALBIRD OR ANY OF ITS INDEMNIFIED PARTIES ARE ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

REPRESENTATIONS AND WARRANTIES

• BY EACH PARTY

Each party represents and warrants to the other party: (i) that it has the full power and authority to enter into and perform its obligations under these TAC, (ii) the assent to and performance by it of its obligations under these TAC do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) these TAC constitute legal, valid and binding obligations of the parties assenting to these TAC, enforceable in accordance with these terms and conditions.

COPYRIGHTS, RELEASE AND USE OF TESTIMONIALS AND PHOTOGRAPHS

The Individual acknowledges and agrees that Metalbird Canada Group Inc may use the testimonials and photographs in any manner, without restriction of any kind.

The Individual hereby releases and holds Metalbird Canada Group Inc harmless from and against all claims, suits, threats, demands, liabilities, actions and causes of action, in any way related to the testimonials and photographs or Metalbird use of the photographs.

PROMOTIONAL TERMS AND CONDITIONS

Offers only available from dates specified unless otherwise stated or while stocks last. Offers cannot be used in conjunction with any other promotional price or discount offer. All prices shown are exclusive of tax. We reserve the right to limit the quantity of any product purchased by a customer. We will meet all our legal obligations on products we sell and are happy to exchange products in alignment with our returns policy.

For more information contact info@metalbird.ca

FREE MINI

Our minis are only eligible on orders consisting of 2 or more full priced birds within the same transaction and are limited to two mini per order. Minis are not eligible on our plant stakes, any discounted item, bundle pack, or pack of mini birds. Minis are limited to one per order and only qualify on 2 or more full priced items.

BEST-SELLING BUNDLES

Our best-selling bundle options do not include the free mini option as mini is already included within the bundle. These are set bundles and are not interchangeable with any other products. Offer is not available in conjunction with any other offer including discount codes. For more information contact info@metalbird.ca.

FREE SHIPPING

Spend over 150 CAD to receive Free Fedex domestic shipping on all domestic orders (excluding Fedex out of zone areas). Any shipping charges will be automatically applied at checkout. Please check the excluded postcodes below for more information contact info@metalbird.ca.

SHIPPING ZONES

Metalbird ships via Fedex:

* In-zone for a flat rate of $9.95

* Out-of-zone areas are charged to us by our carriers at a higher rate. While we try to minimize this cost for our customers, but we must pass on what we are charged. The postal code ranges below are mostly charged at $19.95, while there are remote zones marked set to $100 by default - for RED zones, please contact our customer services to see if we can get a better rate.

Refer to the Shipping & Returns page for a full list of Out-Of-Zone postal code ranges.

GIFT VOUCHER TERMS & CONDITIONS

By using your Metalbird.ca gift card, you agree to be bound by the Terms and Conditions, so we recommend that you read them carefully. These Terms and Conditions will be governed by the law of your country of residence.

PURCHASING A GIFT CARD

You can purchase gift cards online at Metalbird.ca. Once your order has been approved, gift cards purchased on Metalbird.ca for delivery via email will be sent to the email address provided at the time of ordering.

REDEEMING A GIFT CARD

You can use your gift card online at Metalbird.ca. You cannot exchange your gift card balance for cash or use the balance of the gift card to purchase another gift card. All purchases made with gift cards are subject to the acceptance of our Terms of Sale for online purchasing. You acknowledge that you have carefully read such terms of sale and agree to fully comply with them. Upon redemption, any unused balance will be carried over for future purchases and will not be redeemed or exchanged for cash.

EXPIRY

Your Metalbird.ca gift card has no expiry date…. Yay!

MULTIPLE PAYMENT METHODS

The total order value for products purchased online with a gift card includes (i) the price of the product(s), (ii) value-added tax where applicable and (iii) delivery charges where applicable. If the order total is more than the balance on your gift card, the remaining sum must be paid for by another accepted payment method or another gift card. The gift card balance will immediately be reduced following purchase, while the credit card or other forms may expect delays.

REFUNDS FOR PURCHASES MADE WITH A GIFT CARD

If you return a product originally purchased with a gift card, any refund due to you will be returned to the gift card used or to a new gift card where the original gift card cannot be located. If you return a product originally purchased with multiple gift cards, the total refund due will be returned to the most recently purchased gift card. If you return a product originally purchased with multiple payment methods, any refund due will first be refunded to the payment method(s) used for the original transaction (e.g. credit card, debit card or PayPal account) up to the original amount due to that payment method, following which the remaining balance of any refund will be transferred to the gift card used or to a new gift card where the original gift card cannot be located.

CANCELLATION

You have the right to cancel your Metalbird.ca gift card within 14 working days of receipt provided that you have not used the gift card. In case of cancellation, Metalbird will refund the amount of the gift card to the original payment method used during ordering within 14 days of cancellation.

LOST, STOLEN OR DAMAGED GIFT CARDS

Sorry but we cannot replace your Metalbird.ca gift card without proper proof of purchase if it is lost, stolen or damaged. Also, Metalbird cannot be held responsible for any balance lost on a Metalbird.ca gift card as a result of theft or fraud. Please contact us for more information.

DISPUTES

Metalbird reserves the right to refuse, cancel or hold for review gift cards and orders where it is deemed necessary to do so, for example for suspected fraud, cards mistakenly issued in an incorrect denomination or for other violations of gift card policies.

CONTACT US FOR MORE INFORMATION

If you require further information about these Terms and Conditions, or your use of the Metalbird.ca gift card, please check our FAQ page or alternatively, you can contact us.