(Hatchaholics Vendor Webstore Agreement)
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 and/or chicks through Hatchaholics.
- “Buyer” refers to the purchaser of fertile hatching eggs and/or chicks through Hatchaholics.
- “Hatchaholics” refers to the platform through which this transaction is facilitated, www.hatchaholics.com.
- “Eggs” refers to the fertile hatching eggs sold by the Vendor.
- “Chicks” refers to the live chicks delivered or replaced under this contract.
- “Guarantee” refers to the live chick and fertility guarantee provided by the Vendor.
2. Live Chick Guarantee
The following terms apply to orders under the Live Chick Guarantee:
- Fertility Guarantee: The Vendor guarantees that all Eggs will be fertile at the time of shipment.
- Live Chick Guarantee: The Vendor guarantees that live chicks will be delivered or, if Eggs do not hatch, replacements will be provided, subject to shipping conditions and other limitations.
- Limit on Replacements: The Vendor will provide up to three (3) additional shipments of replacement Eggs or chicks, in the event that the Eggs do not hatch or live chicks are not delivered. Any additional replacements beyond these three shipments are not covered under the Guarantee and will incur additional costs, payable by the Buyer.
- Shipping and Delivery: The Vendor will cover the cost of the first shipment. All subsequent shipments, including replacements, are the responsibility of the Buyer.
- Shipping Conditions: The Vendor is not liable for the condition of the Eggs after delivery if external factors, such as improper handling or environmental conditions, affect the viability of the Eggs or chicks.
- Timely Shipment: The Eggs will be shipped within the Vendor’s production capacity and in the order of contract purchases. The Vendor has one calendar year from the date of this Agreement to fulfill the shipping terms.
- Non-Hatching Eggs: If no chick hatches, the Buyer must provide video or photo proof of the non-hatching Eggs within [number of days] of the expected hatch date to receive a replacement shipment or refund for the live chick guarantee. Failure to provide proof will result in the Buyer forfeiting the Guarantee.
3. Inspection and Notification
- Buyer’s Inspection: The Buyer shall inspect the Eggs immediately upon receipt. If the Eggs are damaged or defective, the Buyer must notify the Vendor within [number of hours] after receipt.
- Proof Requirement: If no chicks hatch, the Buyer must provide video or photo proof that the Eggs did not hatch. The proof must clearly show the Eggs and the date of the inspection, and must be submitted to the Vendor within [number of days] from the expected hatch date.
- Consequences of False Claims: If the Buyer provides false information or fails to provide proof of non-hatching Eggs, the Buyer will be banned from purchasing through the Hatchaholics webstore, and any future purchases will be voided.
4. Buyer’s Responsibilities
The Buyer agrees to:
- Properly incubate and handle the Eggs per industry best practices.
- Accept risks related to shipping, incubation, environmental conditions, and handling.
- Pay for shipping costs for replacement shipments under the live chick guarantee.
- Provide valid photo or video evidence if no chicks hatch to claim the live chick guarantee.
5. Vendor’s Responsibilities
The Vendor agrees to:
- Provide fresh, fertile Eggs and ensure proper packaging for safe shipment.
- Communicate clear shipping timelines and provide tracking information.
- Assist with claims for damaged shipments, if applicable.
- Ship Eggs based on order of contracts and within production capacity.
6. Liability and Limitations
- Vendor’s Liability: The Vendor is not liable for damage, loss, or failure to hatch Eggs due to shipping conditions, improper handling, or environmental factors. The Vendor’s liability is limited to providing a replacement shipment or refunding the live chick guarantee, minus booking fees.
- Buyer’s Liability: The Buyer assumes all risks associated with the incubation and hatching process and agrees that the Vendor is not liable for damages caused by handling or environmental conditions after shipment.
7. Refunds and Replacements
- Refunds: If Eggs are not shipped within one calendar year from the date of the Agreement, the Buyer will receive a full refund minus any non-refundable booking fees.
- Replacements: If no chick hatches and conditions of the guarantee are met, the Vendor will provide up to three (3) replacement shipments of Eggs or chicks. Any additional replacements beyond these three shipments will incur additional costs, payable by the Buyer.
8. Marketplace Disclaimer
Hatchaholics (www.hatchaholics.com) is not a party to this Agreement and will not be held liable for any disputes, damages, or losses arising from this transaction.
9. Payment Terms
- Processing: Payments for Eggs and shipping fees are processed via Hatchaholics.
- Additional Charges: The Buyer agrees to pay any additional shipping costs for replacement shipments.
- 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 supersedes all prior agreements or understandings between the parties and constitutes the entire understanding.
- Amendments: Any modifications must be in writing and agreed upon by both parties.
By purchasing the Eggs through Hatchaholics, the Buyer acknowledges and agrees to the terms outlined in this Agreement.