Terms

Last updated November 23, 2016

Warranty disclaimer & Limitations of liability

We hope you are enjoying your shopping experience on LobstahBox.com. Please be aware that use of LobstahBox.com is subject to the following terms of use explained below, the Privacy Policy and all disclaimers, terms and conditions that appear elsewhere on the LobstahBox.com site. If you do not agree to these terms and conditions, please do not use this website.

LobstahBox reserves the right to make changes to the LobstahBox.com website and its Conditions of Use and Legal Notices at any time. Each time you use the LobstahBox.com website, you should visit and review the then current Terms of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the LobstahBox.com website, its content or Terms of Use and Legal Notices or Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using the LobstahBox.com website.

Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site is prohibited.

Introduction

This Agreement contains the complete terms and conditions that apply to you in joining, subscribing, or buying from LobstahBox. By using or shopping from this web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.

Use of the site and Prohibitions

The site allows you to purchase LobstahBox products online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools. For you to complete the sign-up process in our site, you must provide your name and a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any viruses or any code of a destructive nature.

Payments

LobstahBox has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by LobstahBox prior to the latter’s acceptance of an order. Payment for the products shall be made by credit card. LobstahBox has all the discretion to cancel or deny orders. LobstahBox is not responsible for pricing, typographical, or other errors in any offer by LobstahBox and reserves the right to cancel any orders arising from such errors.

Returns

We guarantee our live Maine Lobsters on the day of delivery. If you experience a problem with any of our products, please let us know. We’ll do what we can to make it right! Your Lobsters are considered in your care as per FedEx tracking number written time and date of delivery. If you wish to keep your Lobsters until the following day, you do so at your own risk. We do not guarantee live lobsters if you do not prepare them on the day of arrival.

Risk of Loss

All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

Fraud

Fraudulent activities are highly monitored on our site and if fraud is detected LobstahBox shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

Warranty disclaimer and limitations of liability

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement, even if we have been advised of the possibility of such damages.

We make no express or implied warranties or representations with respect to any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.

You are solely responsible for, and assume all risks related to, handling, preparation, storage, cooking, use and consumption of the products you receive from us. You are also solely responsible for knowing about any food allergies you may have and verifying the products and their contents before handling, preparing, using or consuming such products. Further, you understand, acknowledge and agree that we store, portion and package products containing fish, shellfish, nuts, wheat and flour and cannot guarantee that cross-contamination will not occur between products.

Confidentiality

You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of LobstahBox. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the substantive laws of Delaware, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Delaware, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

Validating Your Order

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Your receipt of an electronic or other form of order acknowledgement does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The LobstahBox.com website reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Shipping

All orders placed on this site are subject to product availability and will be shipped according to LobstahBox shipping policies. Please refer to our Shipping Information page for more information on our shipping rates and procedures.

Editing, Deleting and Modification

We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site.

Acknowledgment of Rights

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

Black Friday / Cyber Monday Free Shipping Promotion

Cannot be combined with any other offer. Offer is reusable. Free Shipping not valid for Saturday delivery.  Promotion ends 11/28/16 11:59 EST. Delivery date must occur before 12/20/16.

 

These are the terms you accept when you place an order with us.

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The % Giveback Initiative

A percentage of our profits go back into supporting the Maine Lobster Industry and the livelihood of those who work in the Maine lobster community.

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