Terms & Conditions

Introduction

This website, www.bds.org.za (hereafter referred to as the “Website”), is owned and operated by Eniscope CC t/a Bird Deterrent Specialists (hereafter referred to as “Bird Deterrent Specialists”, “we”, “us” and “our”).

These Website Terms and Conditions (“Terms and Conditions”) pertain to the Ordering, Sale and Delivery of Products and Services, as well as the use of the Website.

These Terms and Conditions are lawfully binding and are applicable to every person that accesses or makes use of this Website (“you”, “your” or “user”). By using the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

Nothing in these Terms and Conditions is intended, or must be understood, to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Bird Deterrent Specialists in terms of the CPA.

These Terms and Conditions are of great importance and should, therefore, be carefully noted.

If there is anything within these Terms and Conditions that you do not understand, it is your responsibility to ask Bird Deterrent Specialists to explain it to you, before you accept the Terms and Conditions or continue using the Website.

The Website enables you to view information regarding our Products and Services, and affords Clients the ability to purchase Bird Deterrent Products (“Goods”) for DIY use, as well as to contact us regarding our Services.

Bird Deterrent Specialists permits the use of this Website, subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

Incorporated Policies

Please refer to our Returns, Delivery & Privacy Policies, included as part of these Terms and Conditions, for further information pertaining to those policies.

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Use of the Website

In making use of the Website, you confirm that you are 18 (eighteen) years of age or older, and are therefore of full legal capacity. Users under the age of 18 (eighteen), or whom are not legally permitted to enter into a legally binding agreement, must make use of this Website under the supervision of a Parent or Legal Guardian. If under the consensual supervision of a Parent or Legal Guardian while using this website, that Parent or Legal Guardian then agrees to be bound by these Terms and Conditions, and will thus be liable and responsible for you under these Terms and Conditions.

You agree that you will not in any way make use of any device, software or other instrument to interfere, or attempt to interfere, with the operation of the Website. Nor shall any such device, software or other instrument be used to monitor, copy, publish, print, post, distribute, and/or modify the Website, or the information contained herein, without prior written consent from an authorised Bird Deterrent Specialists representative.

This Website may not be used to distribute material which is defamatory, offensive, contains or amounts to hate speech, or is in any way unlawful.

Conclusion of Sales and Availability of Stock

Bird Deterrent Specialists may accept or reject any orders placed, at its discretion. An order may be accepted or rejected, based upon the availability of Goods, correctness of the information relating to the Goods (including, but without limitation, the Price of Goods), as well as the receipt of payment or payment authorisation by Bird Deterrent Specialists for the Goods.

Please note that Bird Deterrent Specialists will indicate as to whether or not your order has been accepted, by delivery of the Goods to you, or by granting you permission to collect the Goods. It is at this point of exchange of Goods from Bird Deterrent Specialists to you, that the Agreement of Sale between you and Bird Deterrent Specialists will come into effect, hereafter referred to as the “Sale”, irrespective of any communication received from Bird Deterrent Specialists stating that your order or payment has been confirmed. Indication of the rejection of any order, for whatever reason, will take place in the form of cancellation of the order by Bird Deterrent Specialists. In this instance, Bird Deterrent Specialists will refund the amount paid by you for such Goods, as soon as possible thereafter.

Should you wish to cancel your order, you may do so as long as it is done prior to delivery of the goods, and within 24 (twenty-four) hours of placing the order. After the Goods have been delivered to you, or you have collected the Goods yourself, you may only cancel the Sale in accordance with our Returns Policy (incorporated herein).

If you have placed Goods in your “Shopping Basket” or “Cart” for purchase, but have not properly completed the purchase cycle, you will not have completed your order and, therefore, the Goods may either be removed from the “Shopping Basket” or “Cart” if and/or when stock is no longer available, or the price of the Goods may change without prior notice to you. Bird Deterrent Specialists cannot be held liable if such Goods are no longer available, or are no longer available at that specific price, if and/or when you return at a later stage to complete, or attempt to complete, the purchase cycle.

Bird Deterrent Specialists cannot guarantee the availability of stock, although we will endeavour to make an effort to monitor stock levels, and attempt to ensure that when stock is no longer available, that such stock is removed as a purchase option on the Website. When Goods are no longer available after placing an order, Bird Deterrent Specialists will notify you and you will be entitled to a refund of the amount paid by you for such Goods. In making use of this Website, you acknowledge that stock of all Goods on offer is limited, and that the pricing of such Goods may be subject to change at any time, without prior notice to you.

Payment

We are committed to providing secure online payment facilities. All transactions are done using the Payfast platform, which is secure and encrypted using appropriate encryption technology.

Payment can be made for Goods via –

  • Debit Card

  • Credit Card: Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amount payable. If we do not receive such authorisation, your order will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

  • Direct Bank Deposit or Electronic Funds Transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 24 (twenty-four) hours of placing your order. Bird Deterrent Specialists will not accept your order if payment has not been received.

You may contact us via email at [email protected] to obtain a record of your payment. We will also send you email communications about your order and payment. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the Goods.

Delivery of Goods

Bird Deterrent Specialists offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
Courier; or
Self-Collection.

Please see details of our Delivery Policy included within these Terms and Conditions.

Bird Deterrent Specialists will deliver the Goods to you as soon as reasonably possible, once your order has been accepted. The delivery period will, however, not exceed 30 (thirty) days from the date of receipt of your payment in full. If, for any reason, we are unable to deliver the Goods to you within this delivery period, Bird Deterrent Specialists will make contact with you to notify you. Should you wish to cancel your order, as a result, you will need to do so within 24 (twenty-four) hours of receipt of the notification. Upon cancellation, Bird Deterrent Specialists will reimburse you for any monies owing to you.

Bird Deterrent Specialists’ obligation to deliver a product to you will be considered to be fulfilled when we deliver the Goods to the physical address nominated by you for delivery of the order, or you collect the Goods from our offices. Bird Deterrent Specialists is not responsible for any loss, or unauthorised use of Goods, after the Goods have been delivered/collected.

Errors

Bird Deterrent Specialists will endeavour to provide accurate and detailed descriptions of Goods on the Website, as well as the availability, price and delivery charges thereof. However, should any errors of any kind be present on the Website, Bird Deterrent Specialists shall not be held liable for any loss, claim or expense relating to a transaction based on such an error, unless due to our gross negligence, and shall, at most, only be required to refund you for an amount already paid to us, or as per that which is stipulated within the Returns Policy.

Bird Deterrent Specialists shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

Vouchers & Coupons

Bird Deterrent Specialists may, from time to time, make physical or electronic vouchers (“Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Bird Deterrent Specialists Goods. Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:

Vouchers

Vouchers issued by Bird Deterrent Specialists are valid for the period stated thereon. If your Voucher has not been used within that period, it will expire.

Vouchers cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

Bird Deterrent Specialists is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher, after it has delivered the Voucher to you, or the email address nominated by you.

Coupons

There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).

Coupons are issued in Bird Deterrent Specialists’ sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating to when and how they may be used.

As a general rule, and unless specified otherwise on the Coupon itself:

Each Coupon can only be used once;
Only one Coupon can be used per order;
Only one Coupon can be used on the Website per person per promotion/campaign;
A Coupon must be used at check-out on the Website – it cannot be used later on existing orders;
The value of the Coupon will be set off against the value of your “shopping basket” or “cart” and the balance remaining, if any, will be payable by you.

Coupons cannot be used to buy Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Bird Deterrent Specialists is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.

If, for any reason, a Coupon does not reflect on the final amount due from you at check-out, you can contact us at [email protected] to confirm if the Coupon is still valid. If Bird Deterrent Specialists confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s Terms and Conditions.

You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Bird Deterrent Specialists, before you are able to use a Coupon.

Coupons issued by Bird Deterrent Specialists are valid for the period stated thereon. If your Coupon has not been used within that period, it will expire.

Changes to these Terms and Conditions

Bird Deterrent Specialists may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are aware of the changes. Should you not be satisfied with our Terms and Conditions, you must refrain from placing orders on, or making use of, the Website in any way.

Changes made to the Terms and Conditions will only take effect once the amended Terms and Conditions have been published on the Website. Therefore, if you make use of the Website after the amended Terms and Conditions have been uploaded and are visible on the Website, you warrant that you have accepted the changes and will thus be legally bound by the amended Terms and Conditions.

Electronic Communications

When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our Privacy Policy as set out herein.

Ownership and Copyright

This Website is the property of Bird Deterrent Specialists. All Website Content, which includes, but is not limited to, any material, information, data, software, text, graphics, images, layouts, audio clips, video clips, documents, logos, and trademarks, are protected by law. The copying, publishing, printing and distribution of this Website Content, is therefore prohibited, unless prior written consent is given by Bird Deterrent Specialists. For more information, please contact us on [email protected]

Where any of the Website Content has been licensed to Bird Deterrent Specialists, or belongs to any third party, your rights of use will also be subject to any Terms and Conditions which that licensor or third party imposes, and you therefore agree to comply with such third party Terms and Conditions.

Disclaimer

You hereby acknowledge your understanding that the use of this Website is entirely at your own risk, and that you accept full responsibility for any risk or loss resulting from using this Website in any way.

While Bird Deterrent Specialists endeavours to ensure that the Website Content is correct and as comprehensive as possible, we cannot guarantee the accuracy, reliability, quality, timeliness, operation, integrity, availability or functionality of the Website or the information contained therein.

Bird Deterrent Specialists will not be held liable for any damage or loss, whether direct or indirect, as a result of, or in connection with, your use of the Website and/or Website Content, unless otherwise provided by law.

Although Goods sold from the Website may, under certain specifically defined circumstances, be under guarantee or warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied.

Any views or statements made or expressed on the Website are not necessarily the views of Bird Deterrent Specialists, its directors, employees and/or agents.

In addition to the Disclaimers contained elsewhere in these Terms and Conditions, Bird Deterrent Specialists also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security, functionality or content of your computer system, computer network, handset, mobile device, hardware or software in any way. You, therefore, accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset, mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Bird Deterrent Specialists, its employees, agents or authorised representatives. Bird Deterrent Specialists, therefore does not accept liability for any damage or loss of any nature whatsoever arising out of or in connection with your access to or use of the Website.

Linking to Third Party Websites

This Website may contain links or references to other websites (“Third Party Websites”), from time to time, which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Bird Deterrent Specialists is not responsible for the practices and/or Privacy Policies of those Third Party Websites or the “cookies” that those sites may use.

Your use of such Third Party Websites is, therefore, entirely at your own risk and Bird Deterrent Specialists will not be held responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites, or your reliance on any information contained thereon.

Limitation of Liability

Bird Deterrent Specialists cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Bird Deterrent Specialists, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to [email protected].

BIRD DETERRENT SPECIALISTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE, OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE, AND/OR ANY LINKED THIRD PARTY WEBSITE.

YOU HEREBY INDEMNIFY BIRD DETERRENT SPECIALISTS AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

BIRD DETERRENT SPECIALISTS SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, DAMAGES, OR INJURIES WHICH MAY ARISE DUE TO THE INCORRECT USE, INCORRECT INSTALLATION OR INCORRECT APPLICATION OF ANY GOODS PURCHASED BY YOU.

Availability and Termination

Bird Deterrent Specialists will endeavour to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

Bird Deterrent Specialists may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. Bird Deterrent Specialists will not be liable to you in the event that it chooses to suspend, modify or terminate this Website, other than for processing any orders made by you prior to such time.

Failure to comply with the requirements under these Terms and Conditions, including, but not limited to, incidents involving payment for Goods ordered, may in our sole discretion, with or without notice to you, lead to the suspension and/or termination of your access to the Website.

Where Bird Deterrent Specialists suspects that you are abusing the Website in any way, or for purposes of preventing suspected fraudulent acts, we are entitled to blacklist you on our Database, suspend and/or terminate your access to the Website, refuse to accept or process payment by you on any order, and/or cancel any order between you and Bird Deterrent Specialists, with notice to you. Bird Deterrent Specialists shall only be liable to refund monies already paid by you as per our Returns Policy stipulated herein, and accepts no other liability which might arise as a result of such blacklisting and/or refusal to process any order.

At any time, you can choose to stop using the Website, with or without notice to Bird Deterrent Specialists.

Governing Law and Jurisdiction

These Terms and Conditions, and any dispute arising from or in connection with these Terms and Conditions, shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will indicate your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

In the event of any dispute arising between you and Bird Deterrent Specialists, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Information

For the purposes of the ECT Act, Bird Deterrent Specialists’ information is as follows, which should be read in conjunction with its Product Descriptions and other Terms and Conditions contained on the Website:

Full name: Eniscope CC t/a Bird Deterrent Specialists, registered in South Africa with registration number 2010/000252/23

Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Main business: Bird Deterrent Products and Services

Physical address for receipt of legal service: 31D Lone Palm Court, Constantia Main Road, Plumstead, Cape Town, 7801 (marked for attention: Managing Member)

Phone number: +27 21 797 7788

Official email address: [email protected]

General

Bird Deterrent Specialists may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

Any failure on the part of you or Bird Deterrent Specialists to enforce any right in terms hereof shall not constitute a waiver of that right.

If any Term or Condition contained herein is declared invalid, the remaining Terms and Conditions will remain in full force and effect.

No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect, unless in writing and accepted by or on behalf of the parties hereto.

No indulgence, extension of time, relaxation or latitude which any party (the “Grantor”) may show grant or allow to the other (the “Grantee”) shall constitute a waiver by the Grantor of any of the Grantor’s rights, and the Grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the Grantee which may have arisen in the past or which might arise in the future.

These Terms and Conditions contain the whole agreement between you and Bird Deterrent Specialists, and no other warranty or undertaking is valid, unless contained in this document between the parties.

Bird Deterrent Specialists Returns Policy

We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair it, replace it, or credit your account accordingly, subject to the below Terms. This Policy applies to products bought from Bird Deterrent Specialists.

This Policy forms part of the Bird Deterrent Specialists Terms and Conditions and, therefore, words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.

Preparing your Products for a Return

To ensure your request is processed as quickly as possible, you are responsible for the following when returning your products:

  • Package your products safely and securely for protection during transit;

  • Clearly mark your return reference number (where applicable) on the outside of the parcel; and

  • Include all accessories and parts that were sold with the product.

Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.

1. Unwanted Products

If we accidentally deliver the wrong product to you, or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. If the product is missing any accessories or parts, you will need to follow the process set out in “Products Damaged on Delivery” below. Once we have inspected the product and validated your return, we will, at your choice, deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 7 (seven) days of the return (or refund you if that is your preference).

2. Products Damaged on Delivery

Should a product be damaged, or missing any parts or accessories, at the time of delivery or collection, please notify us within 7 (seven) days of such delivery or collection by contacting Bird Deterrent Specialists on +27 21 797 7788 or [email protected]

In the case of Damaged Goods, once you have notified us of the damage, Bird Deterrent Specialists will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair or replace the product as soon as possible (if such repair is possible, or we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).

In the case of Missing Parts or Accessories, Bird Deterrent Specialists will arrange to deliver the missing parts or accessories to you at no charge

3. Defective Products

We do our best to ensure that the products we deliver to you are of a high quality, in good working order, and without defects.

What is a defect? A defect is a material imperfection in the manufacture of a product, or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.

The following will NOT be regarded as defects and will not entitle you to a return:

  • faults resulting from normal wear and tear;

  • damage arising from negligence, user abuse or incorrect usage of the product;

  • where there are signs of handling and/or repackaging.

  • damage arising from electrical surges or sea air corrosion;

  • damage arising from a failure to adequately care for the product;

  • damage arising from unauthorized alterations to the product;

  • where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you; and

Standard Warranty & Product Guarantees

If you have received a product which turns out to be defective, or otherwise of poor quality, please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 7 (seven) days after delivery or collection of the product.

You can do so by contacting Bird Deterrent Specialists on +27 21 797 7788 or [email protected], and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair or replace the product (if such repair is possible or we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product if that is your preference. If the repair or replacement takes longer than 14 (fourteen) days to complete, we will get in touch with you to see if you would rather receive a credit (or refund you if that is your preference).

Where there is no extended supplier warranty period, unfortunately we cannot facilitate returns that fall outside of the 7 (seven) day notice period.

4. Coupons

There are two types of Coupons: (1) a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon”), and (2) a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon”).

Where you have used a Fixed Coupon to pay for an order, and you or Bird Deterrent Specialists later cancels your order (or part thereof) prior to delivery of the relevant Goods, or you log a return of one or more Goods for a credit in accordance with the Returns Policy, the value of the Fixed Coupon will be deducted off the purchase price of the cancelled or returned Goods (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the original Fixed Coupon used. Bird Deterrent Specialists may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned Goods (or refund you if that is your preference).

Where you have used a Percentage Coupon to pay for an order, and you or Bird Deterrent Specialists later cancels your order (or part thereof) prior to delivery of the relevant Goods, or you log a return of one or more Goods for a credit in accordance with the Returns Policy, the value of the discount received using the Percentage Coupon will be deducted off the purchase price of the cancelled or returned Goods (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the discount received using the original Percentage Coupon. Bird Deterrent Specialists may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned Goods (or refund you if that is your preference).

5. Charges

If you return a defective product to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and parts and only to credit or refund you in respect of the returned item.

If you return a product that does not comply with this Policy, you may be liable to reimburse Bird Deterrent Specialists for the cost of collecting the product from you and the cost of having the product returned to you.

BIRD DETERRENT SPECIALISTS SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, DAMAGES, OR INJURIES WHICH MAY ARISE DUE TO THE INCORRECT USE, INCORRECT INSTALLATION OR INCORRECT APPLICATION OF ANY GOODS PURCHASED BY YOU.

Bird Deterrent Specialists Delivery Policy

Bird Deterrent Specialists aims to deliver the purchased Goods to you at the place of delivery requested by you in your Order. Orders are only delivered to physical addresses; no PO Box addresses are allowed.

We endeavour to deliver within the time indicated by us at the time of your Order, but we cannot promise an exact date when you submit your Order or at the Confirmation of Order. We always aim to deliver within 5-7 working days (Standard delivery, and depending on the payment method used), but we cannot guarantee any firm delivery dates.

It is our intention to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

On delivery of the Goods, you may be required to sign for delivery. You agree to inspect the Goods for any obvious faults, defects or damage before you sign for delivery. You must retain proof of receipt of the delivered Goods in case of future discussions with us about it.

Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to Bird Deterrent Specialists when you place your Order, and will arrange for cancellation of the Order or delivery to an alternative delivery address.

We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.

All risk in the purchased Goods shall pass on to you upon delivery, except where delivery is delayed due to a breach of your obligations as per the Terms and Conditions, in which case risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, Bird Deterrent Specialists will not be liable for loss or destruction of the Goods.

You must take care when opening the Goods so as not to damage them, particularly when using any sharp instruments.

You shall ensure that you are ready for safe receipt of the Goods without undue delay at any time reasonably specified by us.

If you are not available to take delivery or collection, Bird Deterrent Specialists may leave a card giving you instructions on either re-delivery or collection from the carrier.

If delivery or collection is delayed through your unreasonable refusal to accept delivery, or if you do not (within 2 (two) weeks of our first attempt to deliver the Goods to you) accept delivery or collect the Goods from the carrier, we may (without affecting any other right or remedy available to us) do either or both of the following:

a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or

b) no longer make the Goods available to you for delivery or collection, and notify you that we are immediately cancelling the applicable order, in which case we will refund to you or your account, as applicable, any money already paid to Bird Deterrent Specialists, less our reasonable administration charges, including charges incurred for attempting to deliver and return the Goods, as well as any storage fees (as mentioned above)

It is your responsibility to ensure that the Goods are sufficient and suitable for your purposes, and that they meet your individual requirements. Bird Deterrent Specialists does not warrant that the Goods will meet your individual requirements.

You acknowledge that the Goods are standard and not made bespoke to fit any particular requirements that you may have.

Delivery fees will be charged as stipulated upon making your purchase.

Please take note of the following:

  • Delivery fees and cash handling fees are non-refundable.

  • Bird Deterrent Specialists shall be entitled, at its sole discretion, to determine which areas it considers as Main Centres and Outlying Areas.

  • Bird Deterrent Specialists shall be entitled to re-evaluate and make changes to these areas, from time to time, as it deems necessary.

Bird Deterrent Specialists Privacy Policy

Bird Deterrent Specialists respects your privacy and will take reasonable measures to protect it, as more fully detailed below.

Should you decide to make a purchase on the Website, we may require you to provide us with personal information which includes but is not limited to –

  • Your name and surname

  • Your email address

  • Your mobile number

  • Your physical address

You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

We will not, without your express consent:

(a) use your personal information for any purpose other than as set out below:

  • in relation to the ordering, sale and delivery of Goods;

  • to contact you regarding current or new Goods or services, or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);

  • to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or

  • to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and

(b) disclose your personal information to any third party other than as set out below:

  • to our employees and/or third party service providers who assist us to interact with you via the Website, email or any other method, for the ordering of Goods, or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

  • to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new Goods or Services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);

  • to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement

  • to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;

  • to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc.). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit; and

We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.

We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

We will –

  • treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

  • take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

  • upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

  • provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

  • promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

Bird Deterrent Specialists undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Bird Deterrent Specialists is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence

If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website, or anyone other than Bird Deterrent Specialists, BIRD DETERRENT SPECIALISTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING, SUFFERED BY YOU, AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.