Agreement between User and www.lobster207.com
Welcome to www.lobster207.com. The www.lobster207.com website (the ”Site”) is comprised of various web pages operated by Lobster207. www.lobster207.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.lobster207.com constitutes your agreement to all such terms. Please read them carefully, and keep a copy of them for your reference.
www.lobster207.com is an E-Commerce Site. Selling Live Maine Lobster by the pound.
Privacy
Your use of www.lobster207.com is subject to Lobster207’s Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices.
Electronic Communication
Visiting www.lobster207.com or sending emails to Lobster207 constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Lobster207 is not responsible for third party access to your account that results from a misappropriation of your account. Lobster207 and its associates reserve the right to refuse or cancel service, terminate accounts, remove, or edit content at our sole discretion.
Children under Thirteen
Lobster207 does not knowingly collect either online, offline, or in person personal information from persons under the age of thirteen. If you are under 18, you must obtain permission to use www.lobster207.com from a parent or guardian.
Cancellation & Refund Policy
All Sales Are Final. However, we will issue a refund on the portion of product that was not delivered adequately due to the following reasons:
Damaged and/or Spoiled Products:
Some lobsters may not survive the transportation process. Lobsters will remain fresh for 12 hours if they are kept cool. When lobsters have been out of the water for an extended period of time, they may appear lifeless. We always ask that all the lobsters are cooked upon arrival.
Upon the death of a lobster the tail loses its elasticity and ability to curl under the body. When plunged into boiling water, a live lobster curls its tail under. If you steam/boil them and the tails curl, then they were alive at the time of cooking – they are fresh and safe to consume.
If the tails do NOT curl once fully cooked when steamed/boiled, we then ask that you email us a picture and we can process a refund for you at that time.
We require a photograph of all of the affected products. Customers must attempt to reach us via email on the date of delivery. Make sure the picture properly shows the product, the box the product arrived in, and the shipping label. These can be sent to contact@lobster207.com along with your order number and the best way to reach you.
Lobsters should be prepared on the day of arrival. Lobster207 will not be held responsible for lobsters that are kept overnight, if you choose to postpone cooking them until the following day.
Please understand that if you wish to keep your lobsters until the following day, you are doing so at your own risk. We cannot guarantee our lobsters beyond the day of delivery.
Underweight Lobsters:
Lobster207 sells Maine Lobster by the pound – not by the piece. We work extremely hard to ensure that all customers receive the correct total weight ordered.
All of our lobsters are weighed on industrial, certified scales prior to packaging. All lobsters are weighed in pounds, not ounces. Please be sure to calibrate your scale and be sure you are weighing in pounds.
It is normal for Lobsters to lose water weight during the transportation process. If you feel that your total order is in fact underweight, please send us a picture of all of the live lobsters and the scale, so that we can verify. Pictures must clearly show the weight recorded on the scale; blurry photos will not be accepted. Please send these, and your order number to contact@lobster207.com.
Lobsters do lose weight after cooking, so we cannot accept pictures of cooked lobster.
Lobster207 is not responsible for:
- Packages left outside for more than an hour
- Packages and products that are disposed of, or have given to a third party prior to notifying us of your problem, we will waive your rights for a refund of any kind
- Packages that get delayed and hindered during high-volume shipping periods (Memorial Day, July Fourth, Labor Day, Thanksgiving, Christmas, New Year)
- Packages that get delayed and hindered because of weather-related issues
- Shipments that are stolen from residence after delivering
- Packages that are delivered when an incorrect address has been given by the customer. Please verify all shipping details on your order confirmation invoice, prior to delivery
- If we are not notified within 12 hours of delivery
Address Corrections:
Customers are held responsible to input their correct SHIPPING ADDRESS. This includes Name, Street, City, State and Zip Code. We will not refund or reimburse orders that were not delivered on time due to an incorrect address.
Refund Process, Late or missing refunds (if applicable):
Please allow 3-5 business days for your refund to process on our end. If you have not received a refund yet
- Check your bank account again.
- Contact your credit card company, it may take some time before your refund is officially posted.
- Contact your bank. There is often some processing time before a refund is posted.
If you have done all of this and you still have not received your refund yet, please contact us at contact@lobster207.com.
These are the terms you accept when you place an order with us.
If you are not 100% satisfied with your order, please do not hesitate to contact us at contact@lobster207.com or call us at 207-667-4720.
Please note: Customer Service hours are Mon – Fri (9am – 5 pm EST)
Links to Third Party Sites/Third Party Services
Lobster207 is not responsible for the contents of any linked site, including, without limitation any link contained in any linked site, or any changes or updates to a linked site. Lobster207 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lobster207 of the site or any association with its operators. Certain services made available via www.lobster207.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.lobster207.com domain, you hereby acknowledge and consent that Lobster207 may share such information and data with any third party whom Lobster207 has a contractual relationship to provide the requested product, service or functionality on behalf of www.lobster207.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.lobster207.com strictly in accordance with these terms of use. As a condition of your use of this site you warrant Lobster207 that you will not use the site for any purpose that is unlawful or prohibited by these terms. You may not use the site in any manner which could damage, disable, or impair the site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.
All content included as part of the service such as text, graphics, logos, images as well as the compilation thereof, and any software used on the site, is the property of Lobster207 or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse, engineer, participate in the transfer or sale, creative derivative works, or in any way exploit any of the content, in whole or in part, found on the site. Lobster207 content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Lobster207 and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Lobster207 or our licensors except as expressly authorized by these terms.
International Users
The service is controlled, operated, and administered by Lobster207 from our offices within the USA. If you access the service from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the Lobster207 content accessed through www.lobster207.com in any country or in any manner prohibited by any applicable laws restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Lobster207, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the site or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Lobster207 reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lobster207in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these terms and conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act. Conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of the Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration provision shall survive the termination of the Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Lobster207 agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN/OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
LOBSTER207 AND/OR IT’S SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. LOBSTER207 AND/OR IT’S SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABLILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
Terms and Conditions
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM ETENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LOBSTER207 AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOBSTER207 AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOBSTER207 OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE , OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Lobster207 reserves the right, in it’s sole discretion, to terminate your access to the site and the related services or any portion thereof at any time. Without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maine and you hereby consent to the exclusive jurisdiction and venue of courts in Maine in all disputes arising out of or relating to the use of this site. Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lobster207, as a result of this agreement or use of the site. Lobster207s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Lobster207’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the site or information provided to or gathered by Lobster207 with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lobster207 with respect to the site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lobster207 with respect to the site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes in Terms
Lobster207 reserves the right, in its sole discretion, to change the Terms under which www.lobster207.com is offered. The most current version of the Terms will supersede all previous versions. Lobster207 encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Lobster207 welcomes your questions or comments regarding these terms:
Lobster207
150 Bar Harbor Rd
Trenton, Maine 04605
Email: contact@lobster207.com
Phone: (207) 667-4720