Terms & Conditions
Effective Date: February 11, 2025
Last Updated: February 11, 2025
Welcome to The Avian Company ("we," "us," "our"). These Terms & Conditions ("Terms") govern your access to and use of our website at theaviancompany.com (the "Site"), as well as any purchases, services, or other transactions you conduct through us.
By accessing the Site or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use the Site or purchase our products or services.
1. Eligibility
You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Site or make purchases. By placing an order, you represent that you meet this requirement and that all information you provide is accurate and complete.
2. Products & Availability
We offer Arduino kits, electronic components, prototyping tools, and related hardware through the Site. All product descriptions, images, and specifications are provided for informational purposes and may not reflect the exact appearance or capabilities of a given item.
We reserve the right to limit order quantities, discontinue products, or modify product specifications at any time without prior notice. Inclusion of a product on the Site does not guarantee its availability at the time of your order.
3. Pricing & Payment
All prices displayed on the Site are in U.S. dollars unless otherwise stated. Prices are subject to change without notice, though changes will not affect orders that have already been confirmed.
We accept payment through Stripe, PayPal, and any other payment methods displayed at checkout. By submitting payment, you represent that you are authorized to use the chosen payment method and that the billing information you provide is accurate.
We reserve the right to cancel any order where payment cannot be verified or where we suspect fraudulent activity.
4. Orders & Confirmation
When you place an order, you are making an offer to purchase. An order confirmation email does not constitute acceptance of your order. We reserve the right to accept or decline any order, in whole or in part, for any reason — including stock limitations, pricing errors, or suspected fraud.
An order is considered accepted only when the product has been shipped or, in the case of services, when work has formally commenced.
5. Shipping & Delivery
We ship to addresses within the United States and, where available, internationally. Shipping costs, estimated delivery times, and available shipping methods are displayed at checkout.
Delivery timelines are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs, weather, or other events beyond our control. Risk of loss transfers to you upon delivery of the product to the carrier.
You are responsible for providing an accurate shipping address. We are not responsible for orders delivered to an incorrect address supplied by the customer.
6. Returns & Refunds
We want you to be satisfied with your purchase. If you receive a defective or incorrect item, please contact us within 14 days of delivery at support@theaviancompany.com.
Eligible returns are subject to the following conditions:
- Items must be unused, in their original packaging, and in resalable condition.
- Custom or made-to-order items are non-returnable unless defective.
- Shipping costs for returns are the responsibility of the customer unless the return is due to our error.
- Refunds will be processed to the original payment method within 10 business days of receiving the returned item.
We reserve the right to refuse returns that do not meet these criteria.
7. R&D Services
We provide research and development services including custom circuit design, prototyping, firmware development, and related electronics engineering work ("R&D Services").
Scope of Work. All R&D engagements are governed by a separate written scope of work or project agreement that defines deliverables, milestones, timelines, and pricing. In the event of a conflict between these Terms and a project agreement, the project agreement controls.
Intellectual Property. Unless otherwise agreed in writing, intellectual property developed during an R&D engagement is assigned to the client upon full payment. Pre-existing intellectual property, proprietary tools, libraries, or methodologies owned by The Avian Company remain our property and are licensed to the client only for the purpose of using the deliverables.
Confidentiality. We treat all client-provided information as confidential and will not disclose it to third parties without consent, except as required by law.
Limitation. R&D deliverables are provided on an "as-is" basis upon completion and acceptance. We do not guarantee that prototypes or custom designs will be suitable for mass production without further engineering. Timelines are estimates and may be adjusted as project requirements evolve.
8. Repair Services
We offer PCB repair, component-level diagnostics, device troubleshooting, and related repair services ("Repair Services").
Estimates & Authorization. We provide a diagnostic assessment and cost estimate before performing repairs. Work will not proceed without your written or electronic authorization of the estimate.
Warranty on Repairs. Completed repairs carry a 30-day limited warranty covering the specific repair performed. This warranty does not cover damage resulting from misuse, unauthorized modification, power surges, or unrelated component failures.
Unclaimed Items. Items left with us for repair that are not claimed within 60 days after notification of completion may be subject to storage fees or disposal, in accordance with applicable California law.
Limitation of Liability. Our liability for repair services is limited to the cost of the repair. We are not liable for data loss, consequential damages, or pre-existing conditions in devices submitted for repair.
9. Accounts & Security
You may create an account on the Site. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access.
We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or are used in a manner that threatens the security or integrity of the Site.
10. Intellectual Property
All content on the Site — including text, images, logos, product descriptions, software, and design — is the property of The Avian Company or its licensors and is protected by applicable intellectual property laws.
You may not reproduce, distribute, modify, or create derivative works from Site content without our prior written consent. The Avian Company name, logo, and associated marks are trademarks of The Avian Company and may not be used without authorization.
11. User Conduct
You agree not to:
- Use the Site for any unlawful purpose or in violation of these Terms.
- Attempt to gain unauthorized access to any part of the Site, its servers, or connected systems.
- Interfere with or disrupt the operation of the Site.
- Scrape, harvest, or collect information from the Site without our consent.
- Misrepresent your identity or affiliation in any communication with us.
12. Disclaimers
The Site and all products and services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components. Electronic components and kits are provided for use by individuals with appropriate technical knowledge. You assume all risk associated with the use and integration of purchased products.
13. Limitation of Liability
To the maximum extent permitted by law, The Avian Company, its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Site, purchase of products, or engagement of services — regardless of the theory of liability.
Our total aggregate liability for any claim arising under these Terms shall not exceed the amount you paid to us for the specific product or service giving rise to the claim.
14. Indemnification
You agree to indemnify and hold harmless The Avian Company, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Site, violation of these Terms, or infringement of any third-party rights.
15. Privacy
Your use of the Site is also governed by our Privacy Policy. By using the Site, you consent to the collection and use of information as described therein.
16. Third-Party Links
The Site may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of third-party sites and do not endorse them. Your interactions with third-party sites are governed by their own terms and policies.
17. Modifications to These Terms
We may update these Terms from time to time. Changes become effective when posted on the Site. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.
18. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in Los Angeles County, California.
19. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
20. Entire Agreement
These Terms, together with our Privacy Policy and any applicable project agreements for R&D or Repair Services, constitute the entire agreement between you and The Avian Company with respect to your use of the Site and our products and services.
21. Contact Us
If you have questions about these Terms, please contact us:
The Avian Company Lakewood, CA
Email: general@theaviancompany.com
Website: theaviancompany.com