(Hatchaholics Vendor Webstore Agreement – No Guarantee)
This Agreement (“Agreement”) is made effective upon the acceptance of the Buyer’s purchase of fertile hatching eggs through Hatchaholics (www.hatchaholics.com). By purchasing eggs, the Buyer agrees to the terms and conditions below.
1. Definitions
- “Vendor” refers to the seller of the hatching eggs through Hatchaholics.
- “Buyer” refers to the purchaser of fertile hatching eggs through Hatchaholics.
- “Hatchaholics” refers to the platform facilitating the transaction, www.hatchaholics.com.
- “Eggs” refers to the fertile hatching eggs sold by the Vendor.
2. No Guarantee
The following terms apply to orders under the No Guarantee:
- Fertility and Hatch Rate: The Vendor does not guarantee the fertility of the Eggs, hatch rates, or live chick delivery.
- Shipping and Delivery: The Eggs will be shipped within [number of days] after payment is received, via USPS in accordance with USPS policies. Eggs will be properly packaged for safe delivery. Shipping costs will be based on live shipping rates on Hatchaholics. Additional shipping charges may apply if shipping costs were inaccurate at the time of purchase.
- Buyer’s Acknowledgment: The Buyer acknowledges that shipping conditions may impact the viability of the Eggs, which is outside the Vendor’s control.
3. Inspection and Notification
- Buyer’s Inspection: The Buyer must inspect the Eggs immediately upon receipt. Any damages or defects must be reported to the Vendor within [number of hours] of receipt.
- Claims: The Vendor will assist the Buyer with claims for lost or damaged shipments, if applicable, but is not liable for losses or damages beyond the Vendor’s control.
4. Buyer’s Responsibilities
The Buyer agrees to:
- Properly incubate and handle the Eggs according to industry standards.
- Accept all risks associated with shipping, incubation, environmental conditions, and handling.
5. Vendor’s Responsibilities
The Vendor agrees to:
- Provide Eggs that are fresh and properly packaged for shipment.
- Provide communication on shipping timelines and tracking information.
- Assist the Buyer with filing claims for lost or damaged shipments, if applicable.
6. Liability
The Vendor is not liable for loss, damage, or failure to hatch due to improper handling, incubation, or shipping conditions outside the Vendor’s control.
7. Refunds and Replacements
- Refund: If the Eggs are not shipped within one calendar year from the date of the Agreement, the Buyer is entitled to a full refund.
- No Replacements or Refunds: The Vendor does not offer replacements or refunds for fertility or hatch rate issues under this agreement.
8. Marketplace Disclaimer
Hatchaholics (www.hatchaholics.com) is not a party to this Agreement and shall not be liable for any disputes, damages, or losses arising from this transaction.
9. Payment Terms
- Processing: Payments for Eggs and shipping fees will be processed through Hatchaholics.
- Additional Charges: The Buyer will pay any additional shipping costs, as necessary.
- Taxes: The Vendor is responsible for applicable taxes and transaction fees.
10. Governing Law
This Agreement is governed by the laws of [State/Country].
11. Miscellaneous
- Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or understandings.
- Amendments: Any modifications to this Agreement must be made in writing and agreed upon by both parties.
By purchasing the Eggs through Hatchaholics, the Buyer acknowledges and agrees to the terms outlined in the relevant contract (No Guarantee) as described above.