Terms and Conditions for Seaside Fresh Lobster and Seafood NB Ltd.

Welcome to Seaside Fresh Lobster and Seafood NB Ltd. ("Seaside Fresh," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, located at [Your Website Address Here], and the purchase of any products offered through our site. By accessing or using our website and placing an order, you agree to be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing and using the website of Seaside Fresh Lobster and Seafood NB Ltd., you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions at all times. If you do not agree with any part of these Terms, you must not use our website or purchase our products.

2. Operational Compliance and Legal Foundation

Seaside Fresh Lobster and Seafood NB Ltd. is committed to operating in full compliance with all applicable federal and provincial laws and regulations governing the sale of food products, particularly perishable seafood. This includes, but is not limited to, obtaining and maintaining all necessary food premises licenses and health permits from the New Brunswick Health Protection Services division, and adhering to federal food safety standards set by Health Canada and enforced by the Canadian Food Inspection Agency (CFIA). Our operations, including preparation, processing, storage, and packaging, are conducted under sanitary conditions to ensure the safety and suitability of our products for human consumption. These Terms and Conditions are built upon this foundation of strict operational compliance.

3. User Accounts and Website Use

• Account Creation: To purchase products from our website, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  
• Account Security: You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
  
• Prohibited Conduct: You agree not to use our website for any unlawful purpose or in any way that could damage, disable, overburden, or impair the site. Prohibited behaviors include, but are not limited to, harassing or abusing other users, violating the rights of others, committing copyright infringement, hacking user accounts, engaging in fraudulent acts, or posting inappropriate or offensive material. We reserve the right to suspend or terminate your account if you are using our site illegally or if you violate these Terms and Conditions.1
  

4. Product Information and Quality Guarantee

• Product Descriptions: We strive to provide accurate and comprehensive descriptions of our seafood products on our website. This includes, but is not limited to, the common name, net quantity, country of origin, storage instructions, and where applicable, a Nutrition Facts table, a complete list of ingredients, food allergen information, precautionary statements, caution statements, and a "best before" date. All mandatory information, except for the date of minimum durability, is made available and accessible to you before the purchase is concluded.
• Bilingual Information: All mandatory food information, including product descriptions and these Terms, is provided in both English and French, in accordance with Canadian requirements.
• Quality Commitment: Seaside Fresh Lobster and Seafood NB Ltd. is committed to providing high-quality, fresh seafood that meets all applicable health, safety, and quality standards.9 Our products are handled, processed, and packaged according to industry best practices and all federal and provincial regulatory requirements.13
• Freshness and Condition upon Pick-up: We guarantee that our seafood products will be fresh and in excellent condition upon successful pick-up, provided they are collected promptly and handled as instructed.
• Allergen Information: Comprehensive allergen information, including precautionary statements for potential cross-contamination, is provided on each product page, mirroring physical label requirements. While we take all reasonable measures to prevent cross-contamination, our facilities handle various types of seafood. Therefore, we cannot guarantee a completely allergen-free environment. Customers with severe allergies are advised to exercise caution and consult product labeling carefully. By completing a purchase, you acknowledge reviewing and understanding the product information, including allergens, provided on the website's product pages.

5. Handling and Storage Instructions

Due to the perishable nature of our products, clear and prominent instructions for immediate handling and proper storage (e.g., specific refrigeration temperatures, freezing guidelines, shelf life) upon receipt are provided on our product pages and/or packaging. It is your responsibility to follow these instructions diligently. Seaside Fresh Lobster and Seafood NB Ltd. is not liable for spoilage, quality degradation, or health issues resulting from improper handling, storage, or consumption by the customer after pick-up. The risk of loss or spoilage transfers to the buyer upon successful collection of the product.

6. Pick-up and Collection

• Pick-up Location and Times: All orders must be picked up from our designated location at 602 Bayview Dr, Burnt Church First Nation, NB E9G 2A8 during our specified pick-up hours, which will be clearly communicated on our website and/or during the order confirmation process.
• Packaging: Products are packaged appropriately to maintain integrity and temperature for transport from our location to yours.
• Customer Responsibility for Pick-up: You are responsible for collecting your order at the agreed-upon time. To prevent spoilage of perishable goods, it is critical that orders are picked up promptly within the designated pick-up window.
• Uncollected Orders/Delays: Provisions will be made for uncollected orders or delays in pick-up due to external factors (e.g., extreme weather, force majeure events). In such scenarios, the risk and cost will be clearly stipulated. The risk of loss or spoilage transfers to you upon the scheduled pick-up time, regardless of whether the order is actually collected. Uncollected orders may be subject to a re-stocking fee or may be forfeited without refund due to their perishable nature.

7. Returns, Refunds, and Cancellations

• No Returns for Change of Mind: Due to the perishable nature of seafood, we generally do not accept returns or exchanges for "change of mind".
• Quality Issues/Defects: If you receive a product that is spoiled, defective, or does not meet the quality standards guaranteed upon pick-up, you must report the issue within [e.g., 4 hours, 24 hours] of collection. You may be required to provide photographic evidence of the defect or spoilage. Upon confirmation of a legitimate quality issue or defect, Seaside Fresh Lobster and Seafood NB Ltd. will provide a replacement or a refund, in accordance with our obligations under the New Brunswick Consumer Product Warranty and Liability Act (CPWALA).
• Cancellation Policy: You may cancel an order before it has been prepared for pick-up. Any specific deadlines or fees for cancellation will be clearly outlined on our website's FAQ or Pick-up Policy page.

8. Payment Terms and Order Acceptance

• Payment Methods: We accept [list accepted payment methods, e.g., major credit cards, e-transfer]. All prices are in Canadian Dollars (CAD).
• Payment Due: A 50% down payment of the total product cost is required at the time of online order placement. The remaining 50% balance must be settled upon pick-up at our physical store location.
• Order Acceptance: Your order is considered accepted by Seaside Fresh Lobster and Seafood NB Ltd. only upon sending a pick-up confirmation email, not merely upon order placement. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraud. In such cases, we will notify you and issue a full refund for any down payment received.

9. Intellectual Property Rights

All content published and made available on our website, including but not limited to images, text, logos, documents, and downloadable files, is the exclusive property of Seaside Fresh Lobster and Seafood NB Ltd. and its creators.1 You are prohibited from the unauthorized use, reproduction, distribution, or modification of any site content without our explicit written permission.

10. Limitation of Liability and Indemnification

• Limitation of Liability: While we are strictly liable for injuries caused by defective or dangerous food products , Seaside Fresh Lobster and Seafood NB Ltd. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses (including legal fees) arising from your use of the website, except where such limitation is prohibited by law. This includes, but is not limited to, disclaimers for website downtime, errors, or third-party content.
• Indemnification: Except where prohibited by law, by using this website, you agree to indemnify and hold harmless Seaside Fresh Lobster and Seafood NB Ltd. and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses (including legal fees) arising out of your misuse of our website or your violation of these Terms and Conditions.

11. Dispute Resolution and Governing Law

• Dispute Resolution: In the event of a dispute arising from or in connection with these Terms or your use of our website, we encourage you to contact us directly to seek an amicable resolution. If a resolution cannot be reached informally, disputes may be resolved through negotiation, mediation, or binding arbitration, as mutually agreed upon by the parties.
• Governing Law: These Terms and Conditions are governed by and construed in accordance with the laws of the Province of New Brunswick, Canada, and the federal laws of Canada applicable therein. Any disputes arising from or in connection with these Terms are subject to the exclusive jurisdiction of the courts of New Brunswick, Canada.

12. Amendments to Terms

Seaside Fresh Lobster and Seafood NB Ltd. reserves the right to amend these Terms and Conditions periodically to maintain compliance with the law or to reflect changes in our operations, product offerings, or policies.1 We will notify users of any significant changes by email or by posting a prominent notice on our website. Your continued use of the site after such notification constitutes your acceptance of the amended Terms.

13. Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of personal information are governed by our comprehensive Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy [link to your Privacy Policy page] to understand how we collect, use, store, and protect your personal data in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA).

14. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Seaside Fresh Lobster and Seafood NB Ltd.

support@seasidefreshlobsterandseafood.comAccount Creation: To purchase products from our website, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.Account Creation: To purchase products from our website, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.Account Creation: To purchase products from our website, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.Account Creation: To purchase products from our website, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.