1. User’s Acknowledgment and Acceptance of Terms
2. What We Do
Pelican Market Group is an online wholesaler and retailer of gourmet food products. Our site regularly features various gourmet items such as sturgeon caviar, salmon and trout roe, smoked fish, foie gras, truffles, and fine chocolates.
You understand and agree that temporary interruptions of access to the site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays, and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
3. Registration Data and Privacy
In order to purchase products through this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
4. Refund/Return Policy
Your satisfaction with the merchandise is very important to us. We do our best to provide our customers with the most fresh products. That is why we will not accept any returns on perishable goods, we just wouldn’t feel comfortable reselling a perishable food item that hasn’t always been in our control. In case if items received are not fresh, then we will require more information on the condition of the product in case it arrived damaged or defective. You should inspect all items immediately upon delivery. If you believe that the product that has been delivered is not fresh, please follow the instructions below in order to seek a refund or replacement.
We can however accept the return of any non-perishable, canned or packaged food item. If you are looking to make a return though you must contact us within 2 business days of receiving the product to request a return. Any returned merchandise can only be accepted if it is in perfect resalable condition.
Do not discard the product. Do not consume the product. Credit will not be granted if the items are discarded or partially consumed. Keep all packaging for the product.
All claims must be made within twenty-four hours of receipt of shipment and can be made either by phone at (800) 205-3527 or by e-mail to the Customer Service Department at email@example.com. We will issue you a return label and an authorization code. No returns will be accepted without this code. Once we receive and approve a claim, we will automatically reship merchandise or issue a refund.
All returns must be shipped to:
Pelican Market Group, LLC
Attn: Receiving Department
2323 Avenue X
Brooklyn, NY 11235
5. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
(a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(f) Impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your registration without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
6. Shipping terms
WHERE WE DELIVER
At this time we are unable to offer delivery to P.O. boxes, or APO/FPO addresses. Perishable and non-perishable food items can only be delivered within the continental United States, Alaska and Hawaii. We do not ship out side of the US.
SHIPPING TO AN APARTMENT, CONDO, OR GATED HOME
If you are shipping to an apartment building or condo, the shipping carrier will not leave the package outside of your door. If you have a doorman or reception that typically receives packages the shipping carrier may leave the package with them. We cannot be responsible for a package if it is delivered to an apartment or condo and then not left at the door because nobody is home to receive the order. Also note that any order above $700 will require a signature, and someone must be home to receive the shipment.
If you are shipping to a gated home, you must make sure that someone is available to open the gate when the shipping carrier arrives, as packages will not be left at the front of the gate. We cannot be responsible for packages that are not left at a gated home because nobody is at the residence when the delivery is made.
SIGNATURE RELEASE OR SIGNATURE REQUIRED OPTION
Although we do provide the option for you to select whether you want an order to be left at the door if nobody is home to sign for it, the decision to leave the package or not is at the sole discretion of the shipping carrier’s delivery driver. If your area is deemed to be a high-crime or unsafe area, the driver will not leave the package. If you are delivering to an apartment or condo that does not have a receiving area for packages, the carrier’s delivery driver will also not leave the package outside of your door. We cannot be responsible for packages that are not left due to the named circumstances above. Please take care in having orders delivered to an address where you know someone will be home. Packages over $700 in value will require a signature and someone will need to be home to receive it.
Packages are shipped using FedEx and we offer 2 shipping options, Priority Overnight ($45) and Standard Overnight ($35). Please note that Priority Overnight service and Saturday Overnight service is not available in all areas, and an order that ships with a Priority Overnight service may arrive in the afternoon, depending on your delivery zip code, as determined by FedEx. We cannot offer any shipping refund for packages that miss their estimated delivery time by FedEx.
ORDER FULFILLMENT TIME FRAMES
Most orders placed before 2:00 pm eastern time, Monday through Friday are shipped the same day.
Orders containing non-perishable items can ship out Monday – Friday. Orders containing perishable items will ship out using FedEx Standard Overnight or Priority Overnight service Monday through Thursday. After 2:00 pm on Thursday, there’s an option to ship perishable food orders for Saturday delivery for extra charge of $50, otherwise if your order contains any perishable items the order will ship on Monday. Also, please check the FedEx website to assure Saturday delivery is available to your zip code, as FedEx does not make Saturday deliveries to all zip codes in the United States. You can also use our delivery calendar on the shipping page during checkout to have your order delivered on a specific future date.
In the event that your order contains an out-of-stock item, we will follow the guidelines you requested on the Shipping Information page during checkout. If your order does contain an out-of-stock order, this could delay the fulfillment of your order.
7. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
8. Intellectual Property Information
Copyright © 2015 Pelican Market Group, LLC All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
9. User’s Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals; accordingly, we request that you do not submit them to us in any circumstance.
We respect the intellectual property of others and we ask you to do the same. If you or any user of this site believes its copyright, trademark, or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(d) Identification of the material that is claimed to be infringing, or to be subject to infringing activity, and that is to be removed and information reasonably sufficient to permit us to locate the materials;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement: TBD.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
10. Disclaimer of Warranties
ALL MATERIALS, GOODS, AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Under no circumstances will Pelican Market Group or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, or other content available on or through this site. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before relying on any legal, accounting, or other professional advice or information that you may have obtained on or through this site.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; CONSEQUENTLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; CONSEQUENTLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site and the products purchased through this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
13. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
Further, we may send you periodic e-mails containing promotions for our goods that we may believe are of interest to you. You may unsubscribe from these e-mails at any time by clicking the “unsubscribe” link at the bottom of the e-mails. It may take up to ten (10) business days for your request to take effect.
14. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made, and acts or omissions that occur through, the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
15. Export and Re-Export Controls
Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country listed above or of any such country listed on any list named above.
Further, some of the products that can be purchased through this site, such as sturgeon caviar, are subject to certain import and export restrictions. For more information, please visit http://www.fws.gov/international/permits/by-species/sturgeon-and-paddlefish.html. If you would like assistance in filling out certain required documents, such as a CITES permit application, we can assist. However, we shall not be held liable for the duration or outcome of such application.
16. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing the site from territories where the contents of the site are considered to be illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
17. Termination of Use
You may terminate your account at any time by sending us an e-mail to firstname.lastname@example.org. Please include your first name, last name, and user name within the body of the e-mail.
18. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this site, both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site.
The Parties agree to attempt negotiations in good faith to reach an agreement as to any dispute arising from your use of this site. However, if the Parties are unable to reach an agreement, each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Broward County and the United States District Court for the Southern District of Florida with respect to such matters.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance.
Such broadcasts shall constitute notice to you.
20. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this site or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
22. Contact Information