Terms of Service
These Terms of Service are entered into by and between you and Luma Aviaries and Conservation LLC, a Florida limited liability company ("Luma Aviaries," "we," "us," or "our"). All references in this document to "Luma Aviaries & Conservation," "Luma Aviaries," or the "Company" refer to Luma Aviaries and Conservation LLC.
1. About Luma Aviaries & Conservation
Luma Aviaries & Conservation is a closed, licensed parrot breeding facility located in Palm City, Florida. We hold FWC permit, AFA, CAS, and PAN/PIJAC certifications. Due to our closed-aviary biosecurity protocols, in-person visits are not permitted.
2. Eligibility & Buyer Screening
You must be at least 18 years of age to purchase a bird. By submitting an inquiry or deposit, you confirm you are a legal adult. Luma Aviaries reserves the right to decline any sale at our sole discretion, including if we determine that a buyer's living situation, experience level, or other factors are not a good fit for the bird in question. Any refusal is based solely on animal welfare, placement suitability, and avicultural considerations, and is not based on any characteristic protected by applicable law. We screen all prospective buyers to ensure appropriate placement.
3. Deposits & Waitlist
A non-refundable deposit is required to reserve a bird or secure a place on our waitlist. Deposits are applied toward the total purchase price.
● Deposits are non-refundable under all circumstances, including if you change your mind, the bird does not match your stated preferences, or you are unable to receive shipping.
● The remaining balance is due once the bird is weaned and ready to go home; no later than the day prior to shipping or at pickup. We accept payment via card, bank transfer, or other methods confirmed at time of sale. Deposits are applied to the final purchase price.
● Deposit amounts and waitlist terms will be communicated at the time of reservation.
● If a buyer fails to respond to communications from Luma Aviaries within 3 days after their bird has been deemed ready for shipping or pickup, the reservation may be cancelled and the deposit forfeited at Luma Aviaries' sole discretion.
● The buyer must complete pickup or accept shipment within 3 days of being notified that their bird is ready. If a buyer becomes unresponsive for 3 or more consecutive days after being notified their bird is ready, Luma Aviaries reserves the right to treat the reservation as abandoned, forfeit the deposit, and relist the bird.
● In the event the buyer cannot take possession of the bird at the time it is ready to go home a $7 per day boarding fee must be pre paid at the time of purchase with an agreed scheduled pickup/shipping date.
● If Luma Aviaries is unable to fulfill your reservation due to circumstances on our end (e.g., breeding failure, bird health issues), your deposit will be refunded in full or applied to a future clutch at your election.
4. Pricing & Payment
All prices are listed in U.S. dollars. Full payment is due before a bird is shipped or transferred.
● We accept payment via PayPal, Zelle and Square. Payment links will be provided by invoice.
● Unless otherwise stated on the invoice, payment is due within 48 hours of invoice issuance. Failure to pay within this period may result in forfeiture of the deposit and cancellation of the reservation without further notice.
● Florida sales tax is collected on all Florida sales as required by the Florida Department of Revenue.
● Shipping charges are assessed separately and are not included in the bird's listed price. Shipping charges are not subject to Florida sales tax.
ALL SALES ARE FINAL. Luma Aviaries does not offer refunds, returns, or exchanges on bird purchases under any circumstances, except as expressly provided in our Health Guarantee (Section 6) and Live Arrival Guarantee (Section 5).
CHARGEBACK WAIVER: By completing a purchase, you agree that all sales are final and agree not to initiate a chargeback or payment dispute with your financial institution except in the case of unauthorized use of your payment method. Initiating a fraudulent chargeback constitutes a material breach of these Terms, and Luma Aviaries reserves the right to pursue all available legal remedies, including recovery of the original purchase price, chargeback fees, and reasonable attorney's fees.
5. Shipping & Live Arrival Guarantee
Luma Aviaries ships nationwide via Delta Cargo using approved live animal shipping protocols. The following terms apply to all shipped birds:
● Shipping is available to airports served by Delta Cargo. You are responsible for picking up your bird promptly upon arrival at the destination airport.
● A live arrival guarantee is provided: if a bird does not arrive alive due to circumstances within our control (e.g., improper packing or labeling on our part), we will work with you on a replacement or credit. This guarantee does not apply to delays or losses caused by the airline, weather, acts of God, or your failure to pick up the bird promptly.
● You must inspect the bird immediately upon opening the shipping container and notify us within 24 hours of any concerns. Any live arrival claim must be accompanied by timestamped photograph or video evidence of the bird's condition taken immediately upon opening the shipping container. Claims submitted without documentation will not be honored.
● Luma Aviaries is not responsible for airline delays, cancellations, or rerouting. We will make reasonable efforts to rebook at no additional cost to you, but cannot guarantee specific shipping dates.
● You assume all risk for the bird's health and welfare once it has been delivered to Delta Cargo and accepted for transport.
6. Health Guarantee
All birds are sold as healthy to the best of our knowledge at the time of sale. We provide the following limited health guarantee:
● If a bird is found to have a pre-existing congenital condition or a communicable disease present at the time of sale, and this is confirmed by a licensed avian veterinarian within 72 hours of receipt, Luma Aviaries will offer, at our sole discretion, either (a) a replacement bird of comparable species and value based on the original purchase price, or (b) store credit equal to the original purchase price. No cash refunds will be issued under any circumstances.
● In the event of a dispute regarding whether a condition was pre-existing, the determination shall be made by a licensed avian veterinarian of Luma Aviaries' choosing.
● To make a health guarantee claim, you must provide a written veterinary report from a licensed avian veterinarian within 72 hours of receipt. No exceptions.
● The health guarantee does not cover illness or injury resulting from improper care, diet, housing, or exposure to other birds/animals or pathogens after the bird leaves our facility.
● The health guarantee does not cover stress-related illnesses, feather condition changes during weaning, or behavioral issues.
● Luma Aviaries is not responsible for veterinary costs incurred after the sale unless expressly agreed in writing.
7. Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6 (HEALTH GUARANTEE), ALL BIRDS ARE SOLD "AS IS" AND LUMA AVIARIES DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW.
8. No Refunds, Returns, or Exchanges
All sales are final. Luma Aviaries does not accept returns or exchanges of birds for any reason, including:
● Change of mind, lifestyle change, or allergies discovered after purchase
● Inability to bond with the bird or behavioral issues
● Incompatibility with existing pets or household members
● Relocation, financial hardship, or other personal circumstances
If you are no longer able to care for your bird, we encourage you to contact us we may be able to assist with rehoming as a courtesy, but are under no obligation to accept returns or issue refunds.
9. Closed Aviary Policy
Luma Aviaries operates as a closed aviary for biosecurity reasons. No in-person visits, bird viewings, or pick-ups are permitted at our facility. All birds are either shipped via Delta Cargo or picked up at arranged pick-up loacation. By purchasing from us, you acknowledge and accept this policy.
We make reasonable efforts to provide photos and videos of your bird as it matures and approaches shipping age.
10. Website Use
LumaAviaries.com is provided for informational purposes and to facilitate bird inquiries. By using the website, you agree not to:
● Misrepresent your identity or intent
● Submit false or fraudulent inquiries
● Scrape, copy, or reproduce website content without our written permission
● Use the website for any unlawful purpose
Luma Aviaries makes no warranty that the website will be available uninterrupted or error-free. We reserve the right to modify or discontinue the website at any time without notice.
11. Affiliate Links & Third-Party Products
LumaAviaries.com may contain affiliate links (including through the Chewy affiliate program). If you purchase through these links, we may earn a commission at no additional cost to you. We only recommend products we believe are appropriate for psittacines, but we are not responsible for third-party products, their availability, pricing, or quality.
12. Indemnification
You agree to indemnify, defend, and hold harmless Luma Aviaries & Conservation and its owner from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in any way connected with: (a) your purchase; (b) your care of the bird after delivery; (c) your violation of these Terms; or (d) any false or fraudulent representations you made during the buyer screening or purchase process.
13. Limitation of Liability
To the fullest extent permitted by Florida law, Luma Aviaries & Conservation and its owner shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the purchase, shipping, or ownership of any bird. Our total liability to any buyer shall not exceed the purchase price paid for the specific bird in question.
We are not responsible for any loss, damage, or expense arising from airline delays or failures, your failure to provide proper care, or circumstances beyond our control, including but not limited to acts of God, natural disaster, airline failure, disease outbreak, or government action.
14. Dispute Resolution
Before initiating any legal action, the parties agree to attempt resolution through good-faith written communication for a period of 30 days from the date the dispute is first raised in writing. If the dispute is not resolved within that period, Luma Aviaries reserves the right to require binding arbitration under the rules of the American Arbitration Association for disputes with a value under $10,000. For disputes exceeding $10,000, the parties consent to the exclusive jurisdiction of the courts of Martin County, Florida.
These Terms of Service are governed by the laws of the State of Florida, without regard to conflict of law principles.
15. Governing Law
These Terms of Service are governed by the laws of the State of Florida. Any disputes not resolved through arbitration shall be resolved in Martin County, Florida. By purchasing from us, you consent to the personal jurisdiction of Florida courts.
16. Changes to These Terms
Luma Aviaries reserves the right to update these Terms of Service at any time. Continued use of our website or services after any change constitutes acceptance of the updated terms.
17. Contact Us
For questions about these Terms of Service or any transaction, please contact us: info@LumaAviaries.com
Luma Aviaries & Conservation