Pigeons of Excellence ~ Leading the Way
Pigeons of Excellence
Leading the Way

Shop

Shop Terms & Conditions

 

These terms and conditions outline the rules and regulations for the use of the Excelsior pigeon Website.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use the Excelsior pigeon website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

This Agreement contains the following provisions

  • Cookies
  • License
  • Hyperlinking to our content
  • Iframes
  • Reservation of rights
  • Removal of links from our website
  • Content liability
  • Your Acceptance of this Agreement
  • Permission to Use the Website
  • Changes to this Agreement
  • Misprints and Errors, Product Availability and Prices
  • Login Names and Passwords
  • Unsolicited Submissions
  • Your Information
  • Disclaimer
  • Personal Information Privacy
  • Other Sites/Resources
  • Termination
  • Governing Law and Dispute Resolution
  • Other Matters
  1. COOKIES

We employ the use of cookies. By using the Excelsior pigeon website you consent to the use of cookies in accordance with the Excelsior pigeon privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

  1. LICENSE

Unless otherwise stated, Excelsior pigeon and/or its licensors own the intellectual property rights for all material on www.excelsiorpigeon.com. All intellectual property rights are reserved. You may view and/or print pages from https:// www.excelsiorpigeon.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  1. Republish material from https://www.excelsiorpigeon.com
  2. Sell, rent or sub-license material from https:// www.excelsiorpigeon.com
  3. Reproduce, duplicate or copy material from https:// www.excelsiorpigeon.com

Redistribute content from Excelsior pigeon (unless content is specifically made for redistribution).

  1. HYPERLINKING TO OUR CONTENT
  1. The following organisations may link to our Web site without prior written approval:
    1. Government agencies;
    2. Search engines;
    3. News organisations;
  1. These organisations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organisations:
    1. commonly-known consumer and/or business information sources
    2. dot.com community sites;
    3. associations or other groups representing charities, including charity giving sites,
    4. online directory distributors;
    5. internet portals;
    6. accounting, law and consulting firms whose primary clients are businesses; and
    7. Educational institutions and trade associations.

We will approve link requests from these organisations if we determine that: (a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organisation does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organisation.

These organisations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are among the organisations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to sales@excelsiorpigeon.com please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of the Excelsior pigeon logo or other artwork will be allowed for linking absent a trademark license agreement.

  1. IFRAMES

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

  1. RESERVATION OF RIGHTS

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

 

  1. REMOVAL OF LINKS FROM OUR WEBSITE

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

  1. CONTENT LIABILITY

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

  1.  YOUR ACCEPTANCE OF THIS AGREEMENT

This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity). (“The Shop Owner”) regarding your access to and use of this website and all content, information, products and services available on or through the website (collectively, the “Website”). This Agreement also provides benefits to this Shop Owners affiliates, service providers, suppliers and other persons. Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorised to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.

This Agreement is in addition to any other agreement you may have with The Shop Owner, including a transaction agreement.

  1.  PERMISSION TO USE THE WEBSITE

You may use the Website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. The Shop Owner reserves the right to request proof of identification and age (for example, proof of your ability to purchase certain items).

  1. CHANGES TO THIS AGREEMENT

The Shop Owner may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.

  1. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES

The Shop Owner endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. The Shop Owner cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. The Shop Owner does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete. The Shop Owner reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold. The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell.

  1.  LOGIN NAMES AND PASSWORDS

Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively “User Details”) by The Shop Owner. For the purposes of accessing the Website, the User Details remain the property of The Shop Owner and may be cancelled or suspended at any time by The Shop Owner in its discretion without any notice or liability to you or any other person. The Shop Owner is not under any obligation to verify the actual identity or authority of any person using User Details to access and use the Website. The Shop Owner may act upon any communication that is given with the use of User Details. The Shop Owner may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if The Shop Owner is not satisfied with such proof. If you have been issued User Details: (a) you are fully responsible and liable for the security of the User Details and any and all use and misuse of the User Details; (b) you will keep the User Details secure and confidential at all times and not disclose the User Details to any other person or permit any other person to use the User Details; (c) you will ensure that all uses of the User Details comply with this Agreement; (d) once you have logged-on to the Website using the User Details, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify The Shop Owner by telephone or email via the contact page of this Website if you know or suspect that any User Details have been lost or stolen or become known to or used by any other person.

  1.  UNSOLICITED SUBMISSIONS

In order to avoid potential misunderstandings or disputes, The Shop Owner does not accept or consider unsolicited ideas or suggestions (“Submissions”). If you send Submissions to The Shop Owner or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to The Shop Owner and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of The Shop Owner or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of The Shop Owner and its successors, assigns and licensees.

  1.  YOUR INFORMATION

All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. The Shop Owner will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, The Shop Owner or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

  1. DISCLAIMER

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

 

  1. PERSONAL INFORMATION PRIVACY

The Shop Owner collects, uses and discloses personal information in accordance with its Privacy Policy, which is available on this Website and which may be changed from time to time by The Shop Owner in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website. By accepting this Agreement, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by The Shop Owner in accordance with the Privacy Policy as it then reads.

  1. OTHER SITES/RESOURCES

For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from The Shop Owner, and The Shop Owner has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. The Shop Owner does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against The Shop Owner arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and The Shop Owner, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.

  1. TERMINATION

Notwithstanding any other provision of this Agreement, The Shop Owner may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. The Shop Owner may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person. If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other than existing agreements between you and The Shop Owner will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.

  1. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of the United Kingdom. Any dispute between you and The Shop Owner or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively “Disputes”) will be resolved before the British Court, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of this court in respect of all Disputes.

  1. OTHER MATTERS

If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement ensures to the benefit of and is binding upon each of The Shop Owner and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. The Shop Owner may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.

Any rights not expressly granted by this Agreement are reserved to The Shop Owner.

You may contact The Shop Owner by telephone, email, or postal mail via the contact page of this Website.
Copyright Notice

Copyright © 2020 Excelsior pigeon

(1) Ownership of copyright

We [and our licensors] own the copyright in:

(a) This website; and

(b) the material on this website (including, without limitation, the text, computer code, artwork, photographs, designs, images, music, audio material, video material and audio-visual material on this website).

(2) Copyright licence

We grant to you a worldwide, non-exclusive, royalty-free, revocable licence to:

(a) View this website and the material on this website on a computer or mobile device via a web browser;

(b) Copy and store this website and the material on this website in your web browser cache memory; and

(c) Print pages from this website for your own [personal and non-commercial] use.

We do not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public this website or the material on this website (in any form or media) without our prior written permission.

(3) Data mining

The automated and/or systematic collection of data from this website is prohibited.

(4) Permissions

You may request permission to use the copyright materials on this website by writing to: sales@excelsiorpigeon.com or Excelsior pigeon, 64 Northampton Street, Hockley, Birmingham, B18 6DX

(5) Enforcement of copyright

We take the protection of our copyright very seriously.

If we discover that you have used our copyright materials in contravention of the licence above, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of our copyright materials that contravenes or may contravene the licence above, please report this by email to: sales@excelsiorpigeon.com or by post to: Excelsior pigeon, 64 Northampton Street, Hockley, Birmingham, B18 6DX

(6) Infringing material

If you become aware of any material on our website that you believe infringes your or any other person’s copyright, please report this by email to: sales@excelsiorpigeon.com or by post to: Excelsior pigeon, 64 Northampton Street, Hockley, Birmingham, B18 6DX

Auction Site Terms & Conditions

 

The following terms and conditions are in addition to the main website terms and conditions

Please note: “we, us” or “shop owner” means excelsior pigeon and “you” means the user or “entrant” submitting a bid on our website www.excelsiorpigeon.com

We make every effort to provide current and accurate information on the auction sale. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur,

The Shop Owner reserves the right to: withdraw, correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person

We cannot accept any legal responsibility for any errors or omissions.

ELIGIBILITY

You may use the Website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. The Shop Owner reserves the right to request proof of identification and age (for example, proof of your ability to purchase certain items).all online registrations may be vetted before being allowed to bid on any auction sale.

You can Register with us via telephone or online.

We reserve the right to refuse registrations and delete accounts for those in breach of our terms or non-paying bidders.

BIDDING

Once a bid is made, it is legally binding, and cannot be withdrawn, you will receive an email stating you have placed a bid. And if your bid is the highest you will also be notified this within the email, you may submit further higher bids,

Bidding prices

  • £0-£100 Bid increment is set at £10 increase per bid.
  • £100-£500 Bid increment is set at £25 increase per bid.
  • £500 – £1000  Bid increment is set at £50 increase per bid
  • £1000+  Bid increment is set at £100 increase per bid.

All bids in GBP

  We reserve the right to place a reserve price on certain birds at the vendor’s request.

On any premium selling birds a bond may be required from the bidder, which will become non-refundable if you are the winning bidder and fail to make full payment.

In the closing 10 minutes of a lot ending, if a counter bid is made the bid time will be further extended by 10 mins and thereafter an additional 10 minutes added until no counter bids are presented within that 10 minutes…

To be the winning bid, the bid must be of the highest bid placed without no other bid within the 10 minute closing time.

In the event of any downtime on the website due to technical problems or circumstances out of our control server problems, we reserve the right to extend the period of finish time.

If your bid is successful you will be then emailed the invoice for the winning pigeon and Full payment is to be made ASAP but within 5 days of the auction closing,

Payments can be made via card payment, PayPal, or bacs  we will also contact you to arrange payment and delivery.

A daily fee of £5.00 will be added to birds that are still in our care after day 10.

DEFAULTER

In the event of us not taking full payment for your purchase your name will be displayed on the site as a defaulter and Non payers will be banned and have their accounts removed from the site

Excelsior pigeon reserve the right to take legal action with all costs borne to you,

Excelsior pigeon reserve the right to remove any bids in its absolute discretion at any time

DISCLAIMER

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

We do not own any birds that are auctioned from third party vendors and we rely on the vender to provide details of the birds that are auctioned to which includes the age, sex, fertility, condition and general health and appearance of the bird, if any birds are found to be anything other than previously stated then the purchaser is to make contact with the owner on these matters.

Excelsior pigeon cannot be held responsible for any problems, or financial loss that may arise.

We shall not be liable for any damages, expenses, loss, damage or death of any birds incurred by the client/buyer whilst birds are in transit with courier.

We are not liable for any damages, expenses, loss, damage or death of any birds whilst in our care.

By using the website and placing a bid you are bound by these terms and conditions

DELIVERY

Collection of birds is permitted from Birmingham head office or surrounding area with prior arrangement, we can also arrange delivery via our preferred courier walker’s transport.

OTHER MATTERS

Excelsior pigeon can make online bids on behalf of others if a commission bid is offered via the web or telephone

Buyers from outside the UK are responsible for any bank charges incurred by excelsior pigeon services.

VENDER RESPONSIBILITIES

  1. All birds are to be fully vaccinated against PMV
  2. All birds to be delivered to Excelsior pigeon head office two weeks before the proposed sale date
  3. A vaccination Certificate will accompany the birds or refusal of entry will be upheld.
  4. All Birds must appear healthy and sound
  5. All birds must be registered in the vendors name and Transfer forms, ring cards, and pedigrees to be supplied.
  6. Sex of the bird to be also stated on pedigree, ring card or transfer form.
  7. In the event of any after sales issues… the vender to confirm with the buyer on any matters arising, which may include any refund or replacement of bird, excelsior pigeon are not liable to any financial costs.
  8. In the event of a vender withdrawing a bird/s, all admin costs are to be met and set to a minimum of £40 per pigeon.