Effective June 1st, 2009 the following terms and conditions apply to all orders. When you place your order, the customer (you) acknowledges that you have read, understand and agree to the following terms and conditions:
I. Alive Butterfly Guarantee:
Butterfly Releases by S (hereinafter BRS) guarantees that you will receive alive and healthy butterflies for your event. As a precaution and good customer service, BRS always includes at least one extra butterfly with every order. In the event that more than the extra butterfly (or butterflies) supplied should arrive expired, BRS will give a pro-rated refund per butterfly as long as the expired butterflies are returned to BRS postmarked within five business days of your event. Please mail the deceased butterflies via First Class Mail with tracking to: Butterfly Releases by S, 5076 Savannah River Way # 109, Orlando, FL 32839. Under no circumstance will a refund be issued unless the expired butterflies are physically returned back to BRS at the aforementioned address within the specified time. No refund will be provided for the extra butterfly (butterflies) that are included with every order. In addition, you must notify BRS via email of the expired butterflies within 24 hours of release. Phone calls are not acceptable notification.
II. Arrival Guarantees:
Subject to the following exceptions, BRS guarantees that the butterflies will arrive in time for your event.
A. Circumstances Beyond Control
Circumstances beyond control, defined as, but not limited to “any natural disaster, approaching hurricane, acts of terrorism or war, airport terminal closures, road closures, medical emergencies ” and so forth in which neither the carrier, consumer, nor BRS have any control over the situation. If these unforeseen circumstances prevent or delay the delivery of butterflies in time for your event, you agree not to hold BRS responsible and understand that no refund will be issued for such an order. Please note that shipping insurance cannot be purchased as FedEx & UPS will not insure the transit of live butterflies. This is a standard policy across the shipping industry. Furthermore, the shipping carrier will not issue a refund on the shipment when the delay is due to circumstances beyond their control.
B. Customer Error
If the customer provides BRS with an incorrect or incomplete address or no one is at the address to receive the order, BRS will accept no responsibility for the order. Accordingly, no refund will be issued for the butterflies or shipping costs. BRS highly recommends ensuring someone be home to receive the delivery of the butterflies. If this is not possible, notify BRS via email well in advance of the shipment date to change the shipping address.
C. Carrier Error
If the package does not arrive in time for the event or in good condition due to carrier error, BRS will refund the shipping costs for that order. BRS urges you to immediately contact us via email concerning any possible carrier error in order for BRS to attempt to rectify the situation.
III. Weather Guarantee and Cancellations:
BRS allows for weather related cancellations under certain conditions. The cancellation must be made at least 24 hours prior to the shipment of your order. For example, if the release is on a Saturday, the cancellation must be made by Wednesday 5pm, EST. Cancellation requests must be submitted by email to firstname.lastname@example.org. Weather conditions will be verified by BRS. If weather conditions are indeed unfavorable, BRS will allow you to reschedule the release to a future date within one calendar year during the butterfly season (Feb-Oct). Cancellation requests received with less than 24 hours notice will not be accepted or refunded. BRS will not be responsible should you fail to check on weather conditions. Accordingly, no refund will be issued for the butterflies or shipping costs.
Examples of unfavorable conditions are as follows:
If the forecasted high for the day of the release is below 55 degrees during a bright and sunny day
If the forecasted high is below 60 degrees during a gloomy and rainy day
B. Painted Lady and other Butterflies
If the forecasted high for the day of release is below 60 degrees during a bright sunny day
If the forecasted high is below 65 degrees during a gloomy day
IV. Non-Weather Cancellations:
For cancellations made at least 10 calendar days in advance of the release date, BRS will issue a 50% refund of the total order (including shipping). No refund will be issued for any order cancelled less than 10 calendar days in advance of the release date except for the aforementioned weather related guarantee.
V. Other Issues Pertaining to Orders:
A. Order Errors:
You must contact BRS immediately upon receipt to report any errors with your order (receiving the wrong packaging or the wrong butterflies, etc). An email must be sent to email@example.com and a phone call must be made to 407-517-4826 to report the issue. Please remember that if you contact BRS immediately upon receipt of the order and inform BRS of any problem, BRS will make every reasonable effort to correct the issue. The sooner BRS is notified of an issue, the greater opportunity BRS will have to resolve the error.
B. Complimentary Personalization and Special Requests:
BRS will make every reasonable attempt to accommodate special requests for the orders. We cannot guarantee that all requests can be accommodated. This pertains to complimentary services that we offer, such as custom printing, text color, personalization and decorations on our various products. As this is a complimentary service, we cannot issue monetary refunds in the event the special request could not be accommodated. We will make every reasonable effort to contact you if an aforementioned complimentary service cannot be accommodated.
C. New York State Releases:
The USDA regulates the transport of butterflies from state-to-state. Monarch and Painted lady butterflies may be shipped to New York. The State of New York has no restriction on the sale of butterflies. However, New York has a separate state law requiring a permit for the "Liberation of Wildlife" into the wild. BRS is fully permitted by the USDA to ship Painted Ladies to New York. However, the State requires that you apply for a permit to release butterflies into the environment. Click here to view the permit, which includes the mailing address.
Credits, refunds or adjustments (in accordance with the above terms and conditions) will generally be issued within 10 business days.
VIII. Butterfly Substitution:
In order to comply with USDA regulations and environmental preservation, BRS will substitute any restricted butterfly species ordered with an appropriate butterfly. BRS additionally reserves this right with no prior notification to the customer.
IX. Limited Liability:
You agree that BRS is liable for nothing more than the actual monetary value of the butterfly portion of the order. Under no circumstance will you hold BRS responsible for any damages as a result of delivery or non-delivery of the butterflies. Additionally, you agree that BRS will never be financially liable for any more than the original monetary value of the butterfly portion of the order. Furthermore, you agree to unconditionally release BRS of all liabilities pertaining to your order beyond the value of the butterflies purchased.
X. Butterfly Releases by S reserves the right to refuse, deny or cancel any order at our sole discretion
BRS respects and protects your privacy. Therefore BRS never shares or sells your personal information with any third parties. Any information collected through this site is intended to be used for your transaction only. All personal information is secured via SSL (Secure Socket Layer) Technology. Third-Party Web Beacons: We use third-party web beacons from Yahoo! to help analyze where visitors go and what they do while visiting our website. Yahoo! may also use anonymous information about your visits to this and other websites in order to improve its products and services and provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by Yahoo!, click here.
XII. Changes to TOS
BRS reserves the right to modify any portion of the TOS with no prior notification.
Copyright 2009-2013, Butterfly Releases by S. All rights reserved.
Contact Us: firstname.lastname@example.org