SHIPPING SCHEDULE
1 and 2 day Transit Shipping Schedule: $35
3+ Days Transit are automatically overnighted or sent via 2 day air: $75
Local Deliveries (Chattanooga and 20 mile surrounding area) $9.95
- All orders are packed with the appropriate amount of dry ice (or ice packs) in a reusable insulated bag to make it to its destination
- Orders are delivered Monday- Friday (except Holidays) and arrive the same day or next day
- Orders placed by 11am EST Monday- Friday will be delivered the same day
- Orders placed after 11am EST will be delivered the following day, unless the order is placed on Friday, in which case it will be delivered on Monday
- If an order is placed after the 11am EST cutoff time, and is needed that day, please contact us at info@marithymeseafood.com to make special arrangements
Shipments via UPS Ground service
- All orders are packed with the appropriate amount of dry ice and insulation to make it to its destination
- Orders are shipped Monday- Thursday (except Holidays) and arrive within 1-3 days
- Orders placed by 11am EST Monday- Wednesday will ship that day
- Orders placed between 11am EST Wednesday and 11am EST Thursday, will ship on Thursday ONLY if requiring 1 day of transit. Otherwise, if the order is placed on Wednesday after 11 EST, and requires 3 days of transit, the order will be shipped the following Monday
- Orders placed after 11am EST Wednesday- Sunday that require 3 days of shipping will be shipped the following Monday
- You will receive an emailed confirmation with your shipping information once your order is received
- NOTE: We DO NOT ship to APO/FPO, P.O. Boxes, or Rural routes
Shipments via UPS Overnight service (3+ days on above map)
- All orders are packed with the appropriate amount of gel packs and insulation to make it to its destination
- Orders that select the “Overnight Shipping” option at checkout, for the additional $75 fee, will be shipped via Overnight Service
- Orders placed by 11am EST Monday- Thursday will ship that day and arrive the next day
- Orders placed after 11am EST Thursday- Sunday will ship the following Monday and will arrive the next day
- You will receive an emailed confirmation with your shipping information once your order is received
- NOTE: We DO NOT ship to APO/FPO, P.O. Boxes, or Rural routes
TERMS AND CONDITIONS OF SALE
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY BEFORE YOU START TO USE THE SITE OR PLACE AN ORDER FOR PRODUCTS FROM THIS SITE.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These Terms and Conditions of Sale (these “Terms“) apply to the purchase and sale of Products through www.MarithymeSeafood.com (the “Site“). These Terms are subject to be changed by Marithyme Seafood, LLC (“Marithyme Seafood,” “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site, and you should review these Terms before purchasing any Product that is available through the Site. Your continued use of the Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for Products through this Site.
We provide the Site in order to enable you to browse and purchase Marithyme Seafood fish, seafood, and related products and merchandise (collectively, the “Products“).
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept any orders in our sole discretion. After receiving your order, we will send you a confirmation email with your order number and details of your order. Acceptance of your order and the formation of the contract of sale between Marithyme Seafood and you will not take place unless and until you have received your order confirmation email.
Prices and Payment Terms
All prices posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We use a third-party payment processor to accept payment and payment methods are listed during checkout. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Shipments; Delivery
We will arrange for the shipment of your order to you. All perishable Products are shipped via FedEx Overnight or 2-Day Express Service. Nonperishable items will be shipped according to the shipping option selected at checkout. Shipping to PO Boxes or internationally is not available. Additionally, we cannot ship perishable items outside of the continental U.S.
We strive to deliver your order on time to the address you designate. Generally, your order will ship within 48 hours after submitted online. However, due to the perishable nature of our Products and third party shipping schedules, if an order is placed any time between 10am on Wednesday through Sunday, the order will generally ship the following Monday. The time frame provided for order processing and shipment is an estimate only and is subject to change based on product availability, weather, holidays, and other factors.
You agree to pay all shipping and handling charges specified during the ordering process.
All online orders will receive an emailed order confirmation and invoice. Shipping confirmation will be emailed on the shipping day which also includes a tracking number. Marithyme Seafood will also be tracking each order to ensure proper delivery. Occasionally there are weather delays or delays during peak holiday periods that are beyond our control. In the event of any delay we will notify you as soon as possible with a status update. Please also note that we cannot ship to APO/FPO, PO Boxes, Rural Routes, or outside of the continental U.S.
Couriers will typically leave your package at your door. We are not liable for orders that are not retrieved in a timely manner.
Any shipping and delivery dates provided in an emailed order confirmation or shipping confirmation are estimates only and are not guaranteed. We are not liable for any delays in shipments.
Risk of loss and title for Products purchased from Marithyme Seafood passes to you upon delivery of the Products by Marithyme Seafood to the carrier for shipment. You are responsible for filing any claims with carriers for damaged or lost shipments.
If you have special delivery needs, please call Customer Service at (423) 529-3791 or email info@MarithymeSeafood.com for assistance.
Returns and Refunds
We take pride in our Products to insure that every customer is completely satisfied with their order. If you are dissatisfied with your purchase for any reason, please contact us at info@MarithymeSeafood.com
If you are not satisfied with your purchase, we will accept a return of certain Products for a refund of your purchase price, provided that such return is made within 30 days of receipt and provided that such Products are returned in their original condition. We do not accept returns of perishable Products, but a refund may be available. All refunds will be provided as a credit to the original form of payment. If you purchased a Product using an offer code or gift code, the dollar value of any offer code will not be refunded or credited back if any or all of the Products are returned.
To return Products and for all questions regarding refunds, please call Customer Service at (423) 529-3791 or email info@MarithymeSeafood.com for assistance.
User Accounts
To facilitate future purchases on the Site, you may choose to create an account. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, your account is personal to you, and you will be responsible for all activity that occurs under your access credentials. You agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Marithyme Seafood by email at info@MarithymeSeafood.com. You will be solely responsible for the losses incurred by Marithyme Seafood and others due to any unauthorized use of your account.
Promotion and Offer Codes
From time to time, Marithyme Seafood may offer “promotion codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on www.MarithymeSeafood.com, while supplies last, and subject to certain exclusions or any other restrictions as may be determined and communicated by Marithyme Seafood in its sole discretion. Only valid offer codes provided or promoted by Marithyme Seafood will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Marithyme Seafood (including any unauthorized third party websites) will not be considered valid. Offer codes may not be combined and customers are limited to the use of a single offer code per order. Marithyme Seafood is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the Products are returned. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of Products through the Site. You can find our privacy policy at www.MarithymeSeafood.com/Privacy.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Tennessee.
Waiver of Jury Trial
YOU AND MARITHYME SEAFOOD HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR ANY TRANSACTION YOU ENTER WITH MARITHYME SEAFOOD.
Disclaimer of Expressed and Implied Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SITE AND PRODUCTS IS AT YOUR SOLE RISK, AND THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MARITIME SEAFOOD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) MARITHYME SEAFOOD MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, MARITHYME SEAFOOD, AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MARITHYME SEAFOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MARITHYME SEAFOOD’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF MARITHYME SEAFOOD CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT PAID TO MARITHYME SEAFOOD BY YOU FOR PRODUCTS GIVING RISE TO THE CLAIM.
Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Marithyme Seafood.
No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Notices
We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under these Terms, you must contact us as follows: (i) by email at info@MarithymeSeafood.com. We may update the method for submitting notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement
Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
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