Collin’s Lobster Shop Terms & Conditions
This page contains our current policies on shipping, privacy, pricing, returns and website usage. Using our website, www.collinslobster.com, constitutes as acceptance of these terms and conditions.
Shipping Policy
All of our orders are processed and shipped from our facility in New Brunswick. We take pride in delivering only the best seafood and getting it to you in prime condition. All orders are shipped Priority Overnight for maximum freshness.
All shipments require a signature, so someone must be home to sign for the shipment. We cannot ship to PO Boxes.
Introduction
These terms and conditions outline the rules and regulations for the use of Collin’s Lobster Shop’s website, www.collinslobster.com.
E-COMMERCE TERMS OF USE
Collin’s Lobster Shop’s website comprises various web pages and is owned and operated by Collin’s Lobster Shop Ltd. (herein referred to as “Collin’s Lobster Shop“). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEDSITE since both use of this website as well as all sale of products offered on this website are subject to the legal terms and conditions outlined below (collectively, the “Terms and Conditions”).
Your use of this website in any manner, including browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Collin’s Lobster Shop reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Your continued use of the www.collinslobster.com website signifies your acceptance of such revised Terms and Conditions; therefore, we urge you to read them carefully each time you use this website.
Please note that the guidelines, policies and other terms and conditions of use and sale at the retail stores and/or catalogue of Collin’s Lobster Shop and other Collin’s Lobster Shop affiliates or co-branded websites may vary.
Please also note that products, prices and promotions in retail locations, on the website and in our catalogues may vary.
Please also see our Privacy Policy as well as our Pricing Policy and Returns Policy.
Personal and Non-Commercial Use Limitation
You may copy electronically or print hard copies of any of the web pages from this website provided that such copying or printing is for your personal non-commercial and lawful use, and provided that such copies clearly display the copyright, trademark and any other proprietary notices of Collin’s Lobster Shop. Except when the express written authorization of Collin’s Lobster Shop is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, frame or create derivative works of any of the web pages and information (including any portion of them) which is obtained from this website. Collin’s Lobster Shop reserves complete title and full intellectual property rights in any material that you may copy electronically or print from this website.
Prohibited or Unlawful Use
You warrant to Collin’s Lobster Shop that you will not use this website for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to use this website in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person’s use and enjoyment of this website. You may not misrepresent your identity or location as a user, and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website. COLLIN’S LOBSTER SHOP EXPRESSLY PROHIBITS ANY UNAUTHORIZED THIRD PARTY LINKING TO COLLINSLOBSTER.COM, including links to the home page or any other page on the collinslobster.com domain without explicit prior permission.
Proprietary Rights
“collinslobster.com”, Collin’s Lobster Shop logos and trademarks, as well as certain other names, words, logos, slogans, images, marks, trade names, and trademarks used on this website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without the prior written consent of the owner.
All content of this website, including all information, design, images, sound, photographs, video, illustrations, links to other websites, icons, graphics, headers, text, data and software (collectively, “Content”) and the presentation, arrangement, coordination, enhancement and selection of such Content are subject to intellectual property rights, including copyright, trademark, or other proprietary rights or licenses held by Collin’s Lobster Shop or by third parties who have licensed their rights to Collin’s Lobster Shop. All such rights are expressly reserved.
DISCLAIMER: PLEASE NOTE THAT ALL CONTENT ON THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COLLIN’S LOBSTER SHOP DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF COLLIN’S LOBSTER SHOP, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; IMPLIED WARRANTY OF NON-INFRINGEMENT; OR ANY CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT COLLIN’S LOBSTER SHOP DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
COLLIN’S LOBSTER SHOP DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. COLLIN’S LOBSTER SHOP DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA.
Limitation of Liability
IN NO EVENT SHALL COLLIN’S LOBSTER SHOP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE EVEN IF COLLIN’S LOBSTER SHOP OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN Collin’s Lobster Shop TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You shall indemnify and save harmless Collin’s Lobster Shop, its officers, directors, employees, affiliates, partners, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees brought as a result of your use of this website ONLINE SHOPPING In order to purchase through this website you must be the age of majority in your province/territory of residence and you must agree to pay for all charges noted on this website as payable by you. All prices listed on this website are in Canadian dollars and all charges will be processed in Canadian dollars. Furthermore, any product ordered or purchased from this website may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted. Collin’s Lobster Shop reserves the right to limit the quantities of certain products which you can purchase through the facilities of this website. In addition to any other rights or remedies, Collin’s Lobster Shop may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this website at any time.
Errors, Inaccuracies or Omissions
Collin’s Lobster Shop makes every effort to ensure that the Content on this website is complete and current. However, Collin’s Lobster Shop does not guarantee that the information contained on this website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Collin’s Lobster Shop reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Collin’s Lobster Shop reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is cancelled, Collin’s Lobster Shop shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you may return it to Collin’s Lobster Shop. Please also see our Returns Policy.
Prices
Please note that all prices listed on this website are for online purchases only and may not be matched at any Collin’s Lobster Shop retail location. Similarly, all prices at any Collin’s Lobster Shop retail location may not be matched for online purchases on this website. Furthermore, Collin’s Lobster Shop charges sales tax for products ordered on this website based on the applicable combined federal and provincial sales tax rate of the location to which the order is being shipped.
Display
Please note that although Collin’s Lobster Shop attempts to display the colours and appearance of the product shown on this website as accurately as possible, we cannot guarantee that the colour or appearance you see matches the product colour or actual appearance of the product, as the display of the product depends, in part, upon the type of computer monitor used by you.
Delivery
If shipping or delivery services are made available by Collin’s Lobster Shop, Collin’s Lobster Shop will endeavour to ship or deliver any ordered product as quickly as possible and within any time periods indicated. However, you acknowledge and agree that Collin’s Lobster Shop will not be held responsible for any delays in shipping or delivery. Where delivery is delayed, Collin’s Lobster Shop will notify you as soon as possible. Collin’s Lobster Shop will not deliver products to addresses located outside of Canada and the United States of America. Please also see our Shipping Policy.
Links to Other websites are Not Endorsement
This website may contain links to other websites which are provided to you for your convenience. Please note that the provision of any links to other websites does not constitute an endorsement by Collin’s Lobster Shop of such linked websites. All such other websites are wholly independent from this website and from Collin’s Lobster Shop and Collin’s Lobster Shop has no control or power over such other websites including their content. If you visit any of the linked websites, we urge you to review their respective terms and conditions of use as well as their policies on privacy and security.
Entire Agreement
These Terms and Conditions, together with the Pricing Policy, Returns Policy as well as the Privacy sections of this website, constitute the entire agreement between Collin’s Lobster Shop and you regarding the subject matter of this agreement, and supersede all prior or contemporaneous communications, whether electronic, oral or written between Collin’s Lobster Shop and you with respect to such subject matter. In the event of a conflict between these Terms and Conditions and the Pricing Policy or Returns Policy, these Terms and Conditions shall prevail.
Severability
These Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Governing Law
The Terms and Conditions as well as the use of this website, including any order or purchase made through this website shall be governed by the laws of the province of New Brunswick and the laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
E-COMMERCE TERMS OF SALE:
In addition to the Terms of Use which govern your use of this site (the “website”), these Terms of Sale govern any order or purchase you (the individual completing this order, “you”) make on the website operated by Collin’s Lobster Shop (also operating and referred to herein and on the website as “Collin’s Lobster”) is the supplier for your order. By proceeding to place an order and accepting these Terms of Sale, you agree to be bound by these Terms of Sale whether or not you have read them. If you do not agree to these Terms of Sale, do not proceed with your order. Please print and retain a copy of these Terms of Sale for your records.
This website is only available for use by Canadian and United States of America residents having a Canadian or American mailing address and only ships products to addresses in Canada and the United States of America.
Ordering Process
All advertisements on the website are invitations to purchase and not offers to sell. Collin’s Lobster Shop reserves the right, at its sole discretion, to accept or reject the order once you have completed and placed your order.
You will receive online confirmation that your order has been received by Collin’s Lobster Shop after you place your order on the website. This online confirmation that your order has been received by Collin’s Lobster Shop does not constitute acceptance of your order. Rather, the confirmation of acceptance of your order will be delivered via an automatic e-mail to the e-mail address associated with your account.
In some instances, you may have the opportunity to pre-order products on the website before they are available for sale. When you place a pre-order, your credit card will be authorized, but it will not be charged until the item is shipped to you. If Collin’s Lobster Shop changes its price between the time of any pre-order and when your item ships, you will be charged the lower of the two prices. Taxes and shipping will apply as of the date of shipping. Delivery will occur after the release date, which may be set by a third-party distributor, and is subject to change. Quantities of items available on pre-order may be limited.
Rejection or Cancellation of Orders
There may be certain orders that Collin’s Lobster Shop must reject before acceptance or cancel after acceptance. Collin’s Lobster Shop reserves the right at any time after receipt of your order to accept or reject your order for any reason and Collin’s Lobster Shop will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Collin’s Lobster Shop rejects the order, Collin’s Lobster Shop will have no obligation to fulfil your order and you will have no obligation to pay Collin’s Lobster Shop for the order. Collin’s Lobster Shop also reserves the right, at its sole discretion, to cancel any order after acceptance for any reason. Some situations that may result in your order being rejected or cancelled include:
Limitations on quantities available for purchase;
Inaccuracies or errors in product or pricing information;
A product recall on the item that you have purchased; or
Problems identified by Collin’s Lobster Shop’s accounting and/or finance department.
Collin’s Lobster Shop may also require additional verifications or information before accepting any order. Collin’s Lobster Shop will contact you if all or any portion of your order is rejected after your order has been placed but before it is accepted by Collin’s Lobster Shop or if additional information is required to accept your order.
Availability and Description of Products
The purchase of products on the website is subject to availability. In the event that Collin’s Lobster Shop advises you that any products are no longer available, Collin’s Lobster Shop will have no obligation to fulfil your order and you will have no obligation to pay Collin’s Lobster Shop for the order.
Product descriptions, representations, warranties, guarantees and performance claims are provided by Collin’s Lobster Shop and are subject to change at any time. The accuracy of such representations is the sole responsibility Collin’s Lobster Shop. While the website attempts to be accurate in its product descriptions, Collin’s Lobster Shop does not represent or warrant that product descriptions or other Content on this website is accurate, complete, reliable, current, or error-free. If you find that a product you purchase is not as described, your sole remedy is to return it in accordance with Collin’s Lobster Shop Return Policy
Price
By confirming your purchase, you agree to pay Collin’s Lobster Shop the amount set out as the ORDER TOTAL, subject to adjustment as described herein (the “Purchase Price”). The ORDER TOTAL is quoted in Canadian dollars and does not include shipping and handling fees, any applicable environmental or other additional fees, and an estimate of all applicable taxes. The Purchase Price will be charged in Canadian dollars to your selected credit card by Collin’s Lobster Shop in one or more charges as each product is shipped. Please note that actual sales taxes are calculated on items as they ship, and therefore, due to mathematical rounding, there may be a slight adjustment to actual sales taxes owed and included in the Purchase Price from those estimated in your Order Total.
In the event that an item is listed on the website at an incorrect price due to an error in pricing, Collin’s Lobster Shop will have the right, at Collin’s Lobster Shop sole discretion, to reject or cancel any orders placed for that item. In the event that an item is mispriced, Collin’s Lobster Shop may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
For your convenience, the website lists some products that are carried in its retail stores, however, please note that products and prices available for online purchase on the website may not be the same as those available at Collin’s Lobster Shop retail stores. Store pricing and offers will sometimes differ from online prices and offers. Unless otherwise stated, all Was/Is pricing or other offers available on the website refer to prices offered nationally on the website only. Collin’s Lobster Shop retail stores do not honour prices offered on the website.
Quantity Limits and Dealer Sales
Collin’s Lobster Shop reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. Collin’s Lobster Shop also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Sale, reselling is defined as purchasing or intending to purchase any product(s) from the website for the purpose of engaging in a commercial sale of that same product(s) to a third party.
Method of Payment
You may pay for your purchase using VISA, or MasterCard and you authorize Collin’s Lobster Shop to charge the applicable card for the Purchase Price and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped, and Collin’s Lobster Shop will have no obligation to fulfill your order. If collecting in store, cash may also be used.
All billing and registration information provided by you to Collin’s Lobster Shop must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale.
Shipment
Your order will be shipped by one of Collin’s Lobster Shop third party carriers. The exact carrier delivering your item(s) will be identified in the shipping confirmation email you will receive once your order has shipped.
Collin’s Lobster Shop is not responsible for any loss of the products following shipment from Collin’s Lobster Shop or its agents’ or mandatories’ facilities to your delivery address.
For home shipping, the products you purchased may be shipped to you separately. If your products are shipped separately, the Purchase Price for your items, which includes the shipping fees, will be charged to your selected credit card by Collin’s Lobster Shop in one or more charges, as products are shipped.
Cancellation, Returns, Refunds, and Exchanges
You may have certain statutory rights to cancel your order under applicable provincial consumer protection laws and Collin’s Lobster Shop will respect all such applicable laws.
In addition to these statutory rights, returns of product purchased on the website are governed by Collin’s Lobster Shop’s Return Policy. Please review the Return Policy and print and retain a copy for your records.
Collin’s Lobster Shop will not exchange orders made online. Rather, customers who want to exchange an item purchased on the website will have to return their purchase in accordance with Collin’s Lobster Shop Return Policy and then place a new order for the item they want.
Privacy
Collin’s Lobster Shop personal information practices on the website, including the collection, use and/or disclosure of your personal information and/or financial information, are governed by Collin’s Lobster Shop privacy policy. Please review this privacy policy and print a copy for your records.
Changes to the Terms of Sale
The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the checkout process. Collin’s Lobster Shop may modify its Terms of Sale from time to time in accordance with applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with Collin’s Lobster Shop you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.
Environmental Fees
Collin’s Lobster Shop reserves the right to apply environmental handling fees on products that are subject to them, recycling, or disposal fees. These fees vary by product and by province. The fees are collected and remitted by Collin’s Lobster Shop to environmental management programs implemented in various provinces, and are used to cover costs of recycling, collection, handling, transportation, and disposal of products. For more information on individual programs, please visit the website of the environmental management program(s) or government agencies in your area.
Disclaimers of Warranties
To the maximum extent permitted by applicable laws, Collin’s Lobster Shop disclaims all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose and non-infringement), relating to this website or any content, information or goods accessed, offered, purchased or sold through this website or their use, suitability or availability or any transaction conducted on this website, whether arising from statute, course of dealing, usage of trade or otherwise. Collin’s Lobster Shop makes no representations or warranties and provides no conditions in connection with this website or any content, information or goods accessed or offered through this website or their use.
Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you.
Limitations of Liability
In no event shall Collin’s Lobster Shop be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including loss of use, loss of data, loss of profit and loss of savings) to you including for damages arising in connection with or relating in any manner whatsoever to: (A) this website; (B) any content, information or goods accessed, offered, purchased or sold through this website or their use, suitability or availability (including the inability to use); (C) any transaction conducted on this website; and (D) any unauthorized access to or alteration of your data.
If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of Collin’s Lobster Shop for damages of any nature suffered by you shall in no event exceed the Purchase Price of your transaction.
The above exclusion and limitation of liability shall apply whether or not a claim is in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if Collin’s Lobster Shop had been advised or had reasons to know of the possibility of such damages.
In this Section 15, reference to “Collin’s Lobster Shop” means Collins Lobster Fisherman’s Market Ltd and its affiliates and their respective officers, directors, employees, contractors, mandataries and agents.
Certain jurisdictions do not allow the exclusions of damages as provided above. If these laws apply to you, some of the exclusions referred to above may not apply to you. This Section 15 shall apply to you to the maximum extent permitted by applicable laws.
Export
You acknowledge that the goods sold on the website, which may include perishable and non-perishable goods, may be subject to applicable customs and export control laws and regulations. By purchasing goods from the website, you agree to abide by all such applicable laws and regulations.
Applicable Law
These Terms of Sale will be governed by the laws of the province of New Brunswick and the laws of Canada applicable therein. The exclusive jurisdiction for any claim, action or dispute with Collin’s Lobster Shop or relating in any way to your use of the website or a purchase made on the website will be in the courts of the province of New Brunswick.
General
These Terms of Sale together with the details of your order and the Terms of Use which govern your use of the website constitute the entire agreement between you and Collin’s Lobster Shop with respect to any purchase made by you on the website and supersede all previous agreements, understandings and representations relating thereto. If any provision of these Terms of Sale is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Sale shall remain in full force and effect. The delay or failure of Collin’s Lobster Shop to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit Collin’s Lobster Shop’s rights with respect to such breach or any subsequent breaches. Collin’s Lobster Shop shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control including, without limitation, weather-related and other uncontrollable shipping delays. You may not assign these Terms of Sale to any third party without the prior written consent of Collin’s Lobster Shop. These Terms of Sale will be binding upon and will ensure to the benefit of: (i) you and your heir, executor, administrator and other legal representatives; and (ii) Collin’s Lobster Shop and its successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms of Sale, the wording in these Terms of Sale shall prevail. It is the express wish of the parties that these Terms of Sale and all related documents be drawn up in English.
To discuss any of our terms and conditions, please contact info@collinslobstershop.com or phone us at +1 506-887-2054.