1. About Bayhaven Lobster
Bayhaven Lobster INC sells fresh Maine lobster products, including live lobster and lobster meat, for pickup, local availability where offered, and/or shipping where available. Our products are perishable seafood products and require prompt handling, refrigeration, and consumption.
For purposes of these Terms, "Bayhaven Lobster," "Bayhaven Lobster INC," "we," "our," and "us" refer to Bayhaven Lobster INC and its owners, employees, agents, representatives, and service providers.
2. Eligibility to Use the Website
By using this website or placing an order, you represent that you are at least 18 years old or are using the website with the permission of a parent or legal guardian. You agree to provide accurate, current, and complete information when placing an order.
3. Products and Availability
All products are subject to availability. Because lobster is a fresh seafood product and availability can be affected by weather, landings, supply, transportation, holidays, carrier delays, and other conditions outside our control, we reserve the right to limit quantities, refuse orders, cancel orders, substitute unavailable options with your approval, or contact you to arrange a later fulfillment date.
We do our best to describe our products accurately. Product photos are for general reference only and may not exactly match the size, color, weight, packaging, or appearance of the product you receive.
4. Perishable Seafood Notice
Our products are perishable. By placing an order, you understand and agree that seafood must be handled properly after receipt. You are responsible for being available to receive the order, bringing the package inside promptly, inspecting the package upon delivery, and refrigerating or preparing the product immediately.
Perishable seafood should not be left outside, in a warm area, unattended for an extended period, or delivered to a location where no one is available to receive it. We are not responsible for product quality issues caused by a customer's failure to promptly receive, open, inspect, refrigerate, cook, or properly handle the product after delivery or pickup.
5. Ordering and Payment
Orders placed through our website are offers to purchase products from Bayhaven Lobster INC. We may accept or reject any order in our discretion.
Your order is not final until payment is authorized and the order is confirmed. We reserve the right to refuse or cancel an order if payment is declined, appears fraudulent, contains incorrect information, or cannot be fulfilled.
Prices are listed in U.S. dollars. Product prices, shipping charges, taxes, and other fees may change at any time before an order is placed. Once an order is confirmed, we will not increase the price of that confirmed order unless there was a clear pricing error, shipping-service issue, address issue, or other order problem requiring your approval before fulfillment.
Payment must be made at checkout using one of the payment methods available on our website. We may use third-party payment processors to process payments. We do not control those third-party payment services and are not responsible for their separate terms, policies, or service interruptions.
6. Shipping Policy
Where shipping is offered, we ship perishable seafood using shipping methods intended to preserve product quality during transit. Shipping availability, delivery dates, and carrier services may vary based on the destination, product type, order date, holidays, weather, carrier limitations, and other factors.
Any shipping or delivery date shown on the website, at checkout, or in an order confirmation is our good-faith estimate based on the information available at the time. We will make reasonable efforts to ship within the stated timeframe.
If we determine that we cannot ship your order within the promised timeframe, we may contact you to request your consent to a revised shipping or delivery date. If you do not consent to the delay, or if we are unable to fulfill the order, we will cancel the affected portion of the order and issue a refund for the unshipped merchandise and any related shipping charges, as required by applicable law.
7. Customer Shipping Responsibilities
You are responsible for providing a complete and accurate shipping address, including apartment, suite, unit number, gate code, business name, or other delivery information where applicable.
We are not responsible for failed, delayed, refused, stolen, returned, or misdelivered shipments caused by:
- An incorrect or incomplete address provided by the customer;
- The recipient not being available;
- A business being closed at the time of delivery;
- Carrier access issues;
- Delivery refusal;
- Failure to retrieve the package promptly;
- Package theft after delivery;
- Weather, natural disasters, carrier delays, or other events outside our reasonable control.
If a package is delayed, returned, discarded, or undeliverable because of incorrect customer information or customer unavailability, the order may not be eligible for refund or replacement.
8. Pickup Orders
If pickup is offered, customers must pick up their orders during the pickup window selected or confirmed at checkout. Because our products are perishable and prepared based on order timing, pickup orders may not be held beyond the stated pickup window unless we agree in advance.
If you fail to pick up your order during the scheduled pickup window, the product may be discarded for food-safety reasons and may not be eligible for refund or replacement.
9. Customer Cancellations
Because our products are perishable and may be picked, cooked, packed, labeled, or otherwise prepared specifically for your order, cancellation rights are limited.
Customers may cancel an order until 7:00 PM Eastern Time two (2) calendar days before the scheduled receiving date. For example, if your order is scheduled to be received on Friday, the cancellation deadline is Wednesday at 7:00 PM Eastern Time.
For purposes of this policy, the "scheduled receiving date" means the scheduled delivery date for shipped orders or the scheduled pickup date for pickup orders.
Cancellation requests must be sent to sales@bayhavenlobster.com before the cancellation deadline. If a valid cancellation request is received before the deadline, we will cancel the order and issue a refund to the original payment method.
After the cancellation deadline has passed, orders generally cannot be canceled because product planning, labor, packaging, shipping preparation, and fulfillment may already be underway.
An order also generally cannot be canceled once any of the following has occurred:
- The product has been picked, cooked, packed, or otherwise prepared;
- A shipping label has been created and the order has entered fulfillment;
- The product has been tendered to or picked up by the carrier;
- The product has left our facility;
- The order is already out for delivery or available for pickup.
If we are able to stop fulfillment after the cancellation deadline, we may, in our discretion, issue a full or partial refund. If product, labor, packaging, shipping, carrier, or handling costs have already been incurred, those amounts may be non-refundable except where required by law or where we cancel the order.
10. Our Right to Cancel Orders
Bayhaven Lobster INC reserves the right to refuse, cancel, or limit any order for any reason permitted by law, including product unavailability, pricing or website errors, suspected fraud, incorrect customer information, unsafe shipping conditions, carrier limitations, weather concerns, payment issues, regulatory concerns, or any circumstance that may affect product quality, food safety, or our ability to fulfill the order properly.
If we cancel an order before fulfillment, we will issue a refund for the canceled portion of the order, including any related shipping charges for products that were not shipped. If only part of an order is canceled, we may fulfill the remaining portion and refund the canceled portion.
Bayhaven Lobster INC may also cancel, delay, or reschedule shipment if we believe shipping the product would create an unreasonable risk of spoilage, unsafe delivery, or poor product quality.
If we cancel an order because we are unable to fulfill it, we will notify you using the contact information provided at checkout.
11. No Returns on Perishable Food
For food-safety reasons, we do not accept returns of perishable seafood products. Once seafood has left our possession, it cannot be returned, restocked, or resold.
This no-return policy does not limit any rights you may have under applicable law for products that are defective, spoiled upon arrival, incorrectly fulfilled, or otherwise not as represented.
12. Refunds, Replacements, and Order Issues
We stand behind the quality of our products when they are properly shipped, received, and handled. If there is a problem with your order, you must contact us promptly.
To request review of a damaged, spoiled, incorrect, missing, or defective order, please contact us within 24 hours of delivery or pickup and provide:
- Your name;
- Order number;
- Delivery or pickup date;
- A description of the issue;
- Clear photos of the product;
- Clear photos of the packaging;
- Clear photos of any shipping label or damage;
- Any temperature information available, if applicable.
We may, in our discretion and depending on the circumstances, offer a replacement, refund, partial refund, store credit, or other resolution. We reserve the right to deny a refund or replacement if the issue was caused by customer delay, improper storage, incorrect address information, missed delivery, package theft, refusal of delivery, failure to follow handling instructions, or other circumstances outside our control.
Refunds, when issued, will generally be made to the original payment method.
13. Shipping Charges and Refunds
Shipping charges are paid for transportation, packaging, handling, and carrier services related to your order. If we cancel an order before shipment, we will refund any shipping charges paid for that unshipped order.
If an order has already entered fulfillment, a shipping label has been created, carrier charges have been incurred, or the product has shipped, shipping and handling charges may be non-refundable except where required by law or where the issue was caused by Bayhaven Lobster INC.
If a shipment is delayed because of a carrier issue, weather event, incorrect address, recipient unavailability, or other event outside our reasonable control, shipping charges may not be refundable.
14. Weather, Carrier Delays, and Force Majeure
We are not responsible for delays or failure to perform caused by events outside our reasonable control, including weather, storms, natural disasters, transportation interruptions, carrier delays, labor disruptions, power outages, equipment failure, supply shortages, governmental actions, public health emergencies, or other force majeure events.
Because seafood is perishable, we may delay shipment, reschedule fulfillment, or cancel an order if we believe shipping conditions may compromise product quality or safety.
15. Food Safety and Handling
Customers are responsible for following all handling, storage, cooking, and consumption instructions provided with the product, on the website, or by Bayhaven Lobster INC.
You should inspect seafood immediately upon receipt. If you believe the product is unsafe, spoiled, unusually warm, damaged, or otherwise compromised, do not consume it. Contact us immediately with photos and order information.
Bayhaven Lobster INC is not responsible for illness, injury, loss, or damage resulting from improper storage, delayed receipt, improper preparation, failure to follow instructions, or consumption after the product should no longer be used.
16. Allergens
Shellfish, including lobster, is a major food allergen. Products sold by Bayhaven Lobster INC may contain or come into contact with lobster, shellfish, fish, and other allergens.
By purchasing our products, you acknowledge that you are responsible for determining whether the product is safe for you or the intended recipient to consume. If you or the recipient has a shellfish allergy or other food allergy, do not consume the product.
17. Product Weights and Natural Variation
Seafood products may vary naturally in size, weight, shape, appearance, and yield. Any listed weights, counts, or sizes are estimates or categories unless expressly stated otherwise. We make reasonable efforts to fulfill orders within the product category purchased.
18. Website Content
All content on this website, including text, photos, graphics, logos, product descriptions, layout, design, and other materials, is owned by or licensed to Bayhaven Lobster INC and is protected by applicable intellectual property laws.
You may not copy, reproduce, modify, distribute, display, or use our website content for commercial purposes without our prior written permission.
19. Prohibited Uses
You agree not to use the website for any unlawful, fraudulent, harmful, or abusive purpose. You may not interfere with the operation of the website, attempt to gain unauthorized access to our systems, use automated tools to scrape the website, submit false information, or misuse our checkout, payment, or ordering systems.
20. Third-Party Services and Links
Our website may use or link to third-party services, including payment processors, shipping providers, analytics providers, or other websites. We are not responsible for the content, policies, security, performance, or practices of third-party services.
Your use of third-party services may be governed by their separate terms and privacy policies.
21. Privacy
Your use of our website is also subject to our Privacy Policy, if posted separately on the website. By using the website or placing an order, you consent to our collection and use of information as described in our Privacy Policy.
22. Email and Order Communications
By placing an order, you agree that we may contact you by email, phone, or text message regarding your order, payment, pickup, delivery, shipping, delay notices, customer service, or other transaction-related matters.
Marketing communications, if any, will be handled in accordance with applicable law and any unsubscribe options provided.
23. Disclaimer of Warranties
Except as expressly stated in these Terms or required by law, the website and products are provided "as is" and "as available."
We disclaim all warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except where such warranties cannot be disclaimed under applicable law.
Nothing in these Terms limits any non-waivable consumer rights that may apply to your purchase.
24. Limitation of Liability
To the fullest extent permitted by law, Bayhaven Lobster INC will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, loss of goodwill, or loss of data.
To the fullest extent permitted by law, our total liability for any claim related to an order will not exceed the amount you paid for the product giving rise to the claim.
This limitation does not apply to liability that cannot legally be limited, including liability for gross negligence, willful misconduct, or other liability that applicable law does not permit us to exclude or limit.
25. Indemnification
You agree to indemnify and hold harmless Bayhaven Lobster INC from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your misuse of the website, violation of these Terms, violation of applicable law, or improper handling, storage, preparation, resale, or distribution of products after delivery or pickup.
26. No Resale Without Permission
Products purchased through the website are intended for personal use unless we agree otherwise in writing. You may not resell, redistribute, relabel, repackage, or commercially use products purchased from us without our prior written permission and compliance with all applicable food safety, labeling, licensing, and regulatory requirements.
27. Governing Law
These Terms and any dispute arising out of or relating to the website, an order, or a purchase from Bayhaven Lobster INC will be governed by the laws of the State of Maine, without regard to conflict-of-law principles.
28. Dispute Resolution
If you have a problem with an order, you agree to contact us first so we can try to resolve the issue informally.
If a dispute cannot be resolved informally, the parties agree that any legal action will be brought in the state or federal courts located in Maine, unless applicable law requires otherwise.
29. Changes to These Terms
We may update these Terms at any time by posting a revised version on the website. The updated Terms will be effective as of the "Last Updated" date shown above. Your continued use of the website or placement of orders after updated Terms are posted means you accept the updated Terms.
30. Severability
If any part of these Terms is found to be invalid, unlawful, or unenforceable, the remaining portions will remain in full force and effect.
31. Contact Us
If you have questions about these Terms, an order, shipping, pickup, or a product issue, please contact us:
- Bayhaven Lobster INC
- York, Maine
- Email: sales@bayhavenlobster.com
- Phone: (207) 363-5265
- Website: bayhavenlobster.com