Last updated: February 12, 2015
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.mourneseafoods.com website (the “Service”) operated by Mourne Seafoods (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Mourne Seafoods is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Mourne Seafoods cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
Contests, Sweepstakes and Promotions
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
The Service and its original content, features and functionality are and will remain the exclusive property of Mourne Seafoods and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mourne Seafoods.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Mourne Seafoods.
Mourne Seafoods has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Mourne Seafoods shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.
Delivery of Fishboxes
Fishboxes can only be delivered to addresses within Northern Ireland, Republic of Ireland and mainland United Kingdom.
We use DPD couriers to deliver our Fishboxes. Actual delivery times may vary for you depending on:
- your delivery address;
- circumstances impacting delivery by the overnight courier company.
DPD shall notify you on the morning of delivery of the hours slot in which your delivery will be made.
We reserve the right to use alternative delivery methods without prior notification.
You will not hold us responsible for any delays, outside our control, which relate to the delivery of Fishboxes.
Although the courier service is a ‘next day delivery’ service – there may be times when this can take up to 48 hours if there was a delay during transit with the courier service and we accept no responsibility for this.
The Fishbox packaging is an insulated polystyrene box with a food grade frozen gel pack which releases cold energy into the Fishbox during transit and is suitable to stay chilled for 48 hours.
Your Fishbox products should be transferred to a refrigerator or freezer at the earliest opportunity.
Please note your Fishbox could be delivered any time between 8am – 6pm during working days. We accept no responsibility for Fishboxes which do not meet the next day delivery deadline.
It is your responsibility to report all lost or undelivered Fishboxes within 2 days.
In the event of late or non-delivery you shall be obliged to exhaust the complaints procedure of the overnight couriers before any claim will lie against us. In the event of you exhausting any rights against the overnight courier our liability in respect of late or non-delivery is restricted to the price of the Fishbox to which the claim reflects.
Information about what our products contain
As all of our products are prepared in the same environment – fish and shellfish, although every care is taken, we are unable to guarantee that our products are completely free from any cross contamination between products.
Fish-bones, cartilage and shells in natural products – All fish is hand filleted and prepared and although we do our very best to ensure there are no bones in the Fishbox products, we cannot guarantee this and it is your responsibility to take care when eating these natural products.
We accept no responsibility or liability if any injury or harm occurs due to the consumption of Fishbox products.
We will use all reasonable efforts to ensure all details relating to products on the website are correct. While we have used all reasonable efforts to ensure the accuracy of the information on the website, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the website. [The images on the website are illustrative and the Fishboxes you order may vary slightly from those images.]
Storage of Fishbox products
None of our products have ever been frozen and are always fresh (unless you have ordered a custom made box and asked for a specific frozen product).
Live products such as langoustines must be completely cooked before freezing.
Mussels or oysters need to be consumed or cooked from live and we would not recommend freezing them at any point.
We include best before dates on all our products, please adhere to these as closely as possible to ensure you have the best experience of each product. Save for the specific products referred to in the clause above, products can be frozen up to and including the ‘best before’ date – however we recommend if you are choosing to freeze products, to do so within 1-2 days of receiving your Fishbox.
Please note: All products are subject to availability – particularly during extended periods of bad weather that restrict the local fleet from fishing activities.