📜 Terms & Conditions

By accessing, browsing, or purchasing from Avila Farm USA ("we," "us," "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms").

Who These Terms Apply To

• All visitors to our website, social media, or physical location
• All customers who purchase gamefowl or related products
• All individuals who request quotes, information, or services
• Anyone who communicates with us through any channel

2.1 Eligibility to Purchase

You must meet the following requirements to purchase from us:

• Be at least 18 years of age or have parental/guardian consent
• Have legal capacity to enter into binding contracts
• Comply with all local, state, and federal laws regarding gamefowl ownership
• Provide accurate and complete information during purchase
• Not be prohibited from purchasing gamefowl in your jurisdiction

2.2 Order Process

1. Inquiry: Contact us via phone, email, or website form
2. Selection: Choose birds based on availability and your needs
3. Quote: Receive detailed pricing including bird cost and shipping
4. Deposit: Pay 50% deposit to reserve birds
5. Final Payment: Pay remaining balance 48 hours before shipment
6. Delivery: Birds shipped or available for pickup

2.3 Bird Availability

• All birds are subject to availability
• We reserve the right to substitute comparable birds if necessary
• Specific birds are held only with confirmed deposit
• Availability updates provided upon request

2.4 Order Confirmation

Orders are confirmed only when:

• Deposit payment has been received and cleared
• You receive written confirmation from us (email or text)
• Bird(s) are reserved with your name

3.1 Payment Methods

We accept the following payment methods:

• Bank Transfer / Wire Transfer
• Zelle
• Venmo
• Cash (for local pickup only)
• Cashier's Check or Money Order (must clear before shipment)

3.2 Payment Schedule

• Deposit: 50% due at time of order to reserve birds
• Balance: Remaining 50% + shipping costs due 48 hours before shipment/pickup
• Late Payment: Orders not paid in full by deadline may be cancelled

3.3 Pricing

• All prices are in US Dollars (USD)
• Prices are subject to change without notice
• Quoted prices are valid for 7 days from quote date
• Shipping costs are additional and calculated separately
• International orders may incur additional customs/duty fees

3.4 Deposits

• Deposits are non-refundable unless we cannot fulfill the order
• Deposits hold your birds and take them off the market
• If you cancel, deposit is forfeited to cover our costs
• Deposits may be transferred to future orders at our discretion

3.5 Taxes

• Prices do not include applicable sales tax unless stated
• Tax calculated based on delivery location
• You are responsible for any taxes, duties, or fees

4.1 Shipping Terms

Detailed shipping terms are available on our Shipping Policy page. Key points:

• We use professional livestock transport services
• Shipping costs are customer's responsibility
• Delivery timelines are estimates, not guarantees
• Weather or carrier delays are beyond our control

4.2 Customer Responsibilities

• Must be present at delivery to receive live birds
• Provide accurate delivery address and contact information
• Inspect birds immediately upon arrival
• Report any issues within 2 hours of delivery
• Have proper housing prepared before delivery

4.3 Delivery Refusal or Failure

• If you refuse delivery or are not present, you forfeit all payments
• Carrier return fees will be charged to you
• We are not responsible for missed deliveries due to incorrect information
• Rescheduling deliveries may incur additional fees

4.4 Local Pickup

• Available by appointment only at our Texas farm
• Must bring proper transport containers
• Pickup must occur within 7 days of payment unless arranged otherwise
• No refunds for failure to pickup

5.1 Health Guarantee

Complete details available on our Health Guarantee page. Summary:

• 72-Hour Live Arrival Guarantee: All birds guaranteed alive upon delivery
• 30-Day Health Guarantee: Covers genetic defects and pre-existing conditions
• Lifetime Genetic Guarantee: Bloodline authenticity guaranteed

5.2 Return Policy

Live animals are generally non-returnable. Exceptions:

• Dead on arrival (DOA) - immediate replacement or refund
• Health guarantee claim validated by veterinarian
• Genetic misrepresentation proven through testing
• Our error in shipment (wrong bird, wrong quantity)

5.3 What Voids the Guarantee

• Failure to quarantine birds as instructed
• Improper housing, feeding, or care
• Mixing with diseased birds
• Not following provided care guidelines
• Claims filed after guarantee period
• Resale or transfer of birds

5.4 Refund Process

• Refunds issued only for valid guarantee claims
• Refunds processed within 7-10 business days
• Refunds issued to original payment method
• Shipping costs are non-refundable unless our error

6.1 Legal Compliance

You are responsible for:

• Ensuring gamefowl ownership is legal in your area
• Obtaining any required permits or licenses
• Complying with all zoning and animal control regulations
• Following all federal, state, and local laws
• Understanding and following USDA/APHIS requirements for interstate transport

6.2 Proper Care

You agree to:

• Provide appropriate housing, nutrition, and veterinary care
• Follow our provided care guidelines
• Quarantine new birds for minimum 30 days
• Maintain humane conditions at all times
• Not engage in illegal activities with purchased birds

6.3 Accurate Information

You must provide:

• True and accurate personal information
• Correct delivery address and contact details
• Valid payment information
• Honest representation of your experience level

6.4 Communication

You agree to:

• Respond to our inquiries in timely manner
• Keep us updated on any address or contact changes
• Be available during scheduled delivery windows
• Communicate issues promptly and professionally

7.1 Illegal Activities

You may NOT use our birds for:

• Cockfighting or any blood sport (illegal in all 50 states)
• Illegal gambling operations
• Activities that violate animal cruelty laws
• Any purpose that violates federal, state, or local laws

7.2 Misrepresentation

You may NOT:

• Misrepresent our birds' bloodlines to others
• Claim birds are from different breeding programs
• Use our farm name without permission
• Forge or alter documentation we provide

7.3 Resale Restrictions

While you may resell birds, you may NOT:

• Misrepresent the birds' origin or genetics
• Transfer our guarantee to new owners
• Use our business name in your sales without permission
• Sell birds as "Avila Farm bloodline" without accurate documentation

7.4 Breach Consequences

Violation of prohibited uses may result in:

• Immediate termination of guarantee
• Refusal of future sales
• Legal action for damages
• Reporting to appropriate authorities

8.1 Maximum Liability

Our total liability is limited to:

• The purchase price paid for the specific bird(s) in question, OR
• Replacement of the bird(s)
• Whichever option we choose to provide

8.2 What We Are NOT Liable For

We are not responsible for:

• Consequential damages (lost profits, business interruption, etc.)
• Indirect damages or losses
• Emotional distress or mental anguish
• Loss of breeding potential or future offspring
• Veterinary bills beyond initial health issues covered by guarantee
• Damage to other birds or property
• Issues arising from improper care or housing
• Actions or inactions of third-party carriers
• Acts of God, natural disasters, or force majeure events

8.3 As-Is After Guarantee Period

After the applicable guarantee period expires, birds are:

• Sold "AS IS" with no warranties
• Your responsibility for all care and health
• No longer covered for any issues (except lifetime genetic guarantee)

8.4 Third-Party Actions

We are not liable for:

• Shipping carrier delays, errors, or negligence
• Veterinarians' diagnoses or treatments
• Feed manufacturers or suppliers
• Actions of other breeders or buyers
• Government actions or regulatory changes

9.1 Our Content

All content on our website, materials, and communications is protected:

• Website design, layout, and functionality
• Text, images, and photographs
• Videos and multimedia content
• Logos, trademarks, and brand elements
• Breeding records and documentation formats

9.2 Your Rights

You may:

• View and use our website for personal, non-commercial purposes
• Share our content with proper attribution
• Use documentation we provide for your birds

9.3 Restrictions

You may NOT:

• Copy or reproduce our website or materials
• Use our photos without permission
• Use our business name or logo without authorization
• Create derivative works from our content
• Sell or distribute our materials

10.1 Information We Collect

We collect:

• Contact information (name, email, phone, address)
• Payment information
• Purchase history
• Communication records
• Website usage data

10.2 How We Use Your Information

• Process and fulfill orders
• Communicate about purchases and support
• Send updates about birds, availability, and offers (with consent)
• Improve our services
• Comply with legal obligations

10.3 Information Sharing

We do NOT sell your information. We may share with:

• Shipping carriers (as necessary for delivery)
• Payment processors
• Legal authorities (if required by law)

10.4 Your Privacy Rights

You may:

• Request access to your data
• Request correction of inaccurate data
• Request deletion of your data (subject to legal requirements)
• Opt-out of marketing communications
• Request a copy of your information

10.5 Data Security

We implement reasonable security measures to protect your information, but cannot guarantee absolute security. You are responsible for maintaining confidentiality of your account information.

11.1 Governing Law

These Terms are governed by:

• Laws of the State of Texas
• Federal laws of the United States
• Without regard to conflict of law principles

11.2 Venue

Any legal action must be brought in:

• State or Federal courts located in Texas
• You consent to personal jurisdiction in Texas
• You waive any objection to venue in Texas

11.3 Dispute Resolution Process

Before taking legal action, we require:

1. Direct Communication: Contact us to resolve the issue informally
2. Good Faith Negotiation: 30-day period to reach agreement
3. Mediation: Voluntary mediation before litigation
4. Litigation: As last resort only

11.4 Limitation on Legal Actions

• No class action lawsuits permitted
• Claims must be filed within 1 year of issue arising
• You waive right to jury trial
• Attorney's fees awarded to prevailing party

11.5 Arbitration

If we cannot resolve disputes through negotiation:

• Binding arbitration in Texas under AAA rules
• Individual arbitration only (no class arbitration)
• Arbitrator's decision is final and binding
• Each party bears their own costs unless otherwise awarded

12.1 Right to Modify

We reserve the right to:

• Update these Terms at any time
• Modify policies, prices, or services
• Change website features or functionality
• Discontinue any aspect of our business

12.2 Notice of Changes

When we make changes:

• Updated Terms posted on website with new "Last Updated" date
• Material changes may be communicated via email
• Continued use after changes = acceptance of new Terms

12.3 Your Responsibility

• Review Terms periodically for updates
• If you disagree with changes, stop using our services
• Existing orders governed by Terms in effect at time of purchase

13.1 Entire Agreement

These Terms, along with our Health Guarantee and Shipping Policy, constitute the entire agreement between you and Avila Farm USA. No verbal agreements or representations are binding.

13.2 Severability

If any provision is found invalid or unenforceable:

• That provision will be modified to be enforceable
• All other provisions remain in full effect
• Agreement interpreted to achieve original intent

13.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right. No waiver by us will be effective unless in writing.

13.4 Assignment

• You may not assign or transfer these Terms
• We may assign our rights to any party
• Terms bind and benefit successors and assigns

13.5 Force Majeure

We are not liable for delays or failures due to:

• Natural disasters (hurricanes, floods, fires, etc.)
• Pandemics or epidemics
• Government actions or regulations
• War, terrorism, or civil unrest
• Strikes or labor disputes
• Acts beyond our reasonable control

13.6 Survival

The following provisions survive termination:

• Payment obligations
• Limitation of liability
• Intellectual property rights
• Dispute resolution
• Any provision that by nature should survive

13.7 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

13.8 Language

These Terms are written in English. Any translations are for convenience only. English version controls in case of conflicts.

Questions About These Terms?

If you have questions, concerns, or need clarification about these Terms & Conditions, please contact us:

Legal Notice Information

Business Name: Avila Farm USA

Established: 1987

Type: [Sole Proprietorship/LLC/Corporation - fill in your actual business type]

Tax ID: [Your EIN if applicable]

Website: www.avilafarmusa.com

By placing an order with Avila Farm USA, you acknowledge that:

• ✅ You have read and understood these Terms & Conditions in full
• ✅ You agree to be bound by all provisions herein
• ✅ You have reviewed our Health Guarantee and Shipping Policy
• ✅ You understand your responsibilities as a customer
• ✅ You comply with all applicable laws in your jurisdiction
• ✅ You will use purchased birds for legal purposes only
• ✅ You provide accurate information and payment
• ✅ You accept all risks outlined in these Terms