Terms & Conditions

TERMS OF USE

 

Effective Date:           August 17, 2020

 

Welcome to Adelphia Seafood! 

 

These Terms of Use govern your use of the website located at adelphiaseafood.com (the “Site”) and operated by Harry O. Hahn Seafood Inc. d/b/a Adelphia Seafood Company, 3024 Penn Avenue, West Lawn, Pennsylvania 19609, United States (“Adelphia Seafood”, “We”, “Us”) Your use of the Site constitutes your acceptance of these Terms of Use. By using the Site or obtaining any product or service through this Site, you agree to the Terms of Use and the collection and use of information as set forth herein. 

 

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH BELOW. BY ACCEPTING, YOU ARE AGREEING TO EVERY PROVISION OF THIS AGREEMENT WHETHER OR NOT YOU HAVE READ IT.

 

These Terms of Use apply to all uses of this Site and all online orders, purchases, and sales made via this Site for curbside pickup or shipping.  In some instances, both these Terms of Use and separate terms will apply to your use of some of our services (“Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.

 

Adelphia Seafood may update or modify these Terms of Use at any time without prior notice. By using this Site following any such change, you agree to be bound by the Terms of Use as changed. Adelphia Seafood recommends you review these Terms of Use each time you visit the Site.

 

USE OF SITE

 

All right, title and interest in the Site, including all information, images, text, logos, designs, icons, photographs, programs, video or audio clips, copyrights, trademarks, trade secrets, and other proprietary rights, and any derivative works thereof (collectively, the “Content”) shall belong solely and exclusively to Adelphia Seafood or its licensors. Nothing in these Terms of Use or otherwise will be deemed to grant to you an ownership interest in the Site, in whole or in part.

 

You may access, view, download, print or copy the Content for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Content; (2) do not modify or alter the Content in any way; and (3) do not provide or make available the Content to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or this Site without first obtaining written permission from Adelphia Seafood.

 

Adelphia Seafood utilizes third party vendors to provide certain features of this Site. All right, title and interest to all content of such features shall belong to each third-party vendor and each feature shall be governed by that third-party vendor’s applicable terms and conditions.

 

Adelphia Seafood may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice.

 

 

PRIVACY POLICY

 

  1. Adelphia Seafood is committed to protecting personal information that you provide to us via our Site. This Privacy Policy describes our practices regarding the collection and use of information through the Site. Some information is collected, shared with, and used by third parties including our order and payment processing vendors, Weebly and Square, Inc. By using the Site or obtaining any product or service through this Site, you agree to the collection of use of information as set forth in this Policy. If you do not agree to this Policy, please do not use the Site.

 

  1. What information do we collect and what do we do with it?

 

Adelphia Seafood collects the following types of personal information when you visit our Site. This information is stored securely in accordance with all applicable law.

 

Adelphia Seafood DOES NOT SELL OR RENT ANY INFORMATION COLLECTED THROUGH THIS SITE TO A THIRD PARTY. 

 

  • We collect non-personally identifiable information. When visitors come to our Site, we collect and aggregate information indicating, among other things, which pages of the Site were visited, the order in which they were visited and which links were “clicked.” Collecting such information involves logging the IP addresses, operating systems and browser software used by each visitor to the Site. Using such information, it may be possible to determine a visitor’s Internet Service Provider and the geographic location of the visitor’s point of connectivity.  No additional personal identifiable information will be collected unless provided by the visitor in an order form, registration form or a catalog request form. We use the information which we collect to help us improve the usefulness and effectiveness of our Site, and to personalize your experience on our Site, to help you log on in the future and to continue to use our Site.  We may also use “cookies” and other tracking technologies to collect non-personally identifiable information regarding you. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser. Cookies make it possible for us to recognize your browser when you visit our Site. By doing this, we can personalize your return visits and save you time during checkout. Your browser must be set to accept cookies in order for you to enjoy the benefits of being a registered user of the Site and you can use your browser to disable the use of “cookies” on the Site.

 

  • We collect personally identifiable information. When  you create an account or make an order on our Site for shipping or curbside pickup, our Site and our third-party vendor uses order forms so that you can order products from us and make payment. These forms require that you provide us with personally identifiable information such as your name, email address, mailing address, billing address, telephone number, and credit card/payment details and optional account information including a username and password. If you create an account, we and our third-party vendor may store your information, which may be used to populate the checkout for future orders.  Such personal identifiable information is necessary for Adelphia Seafood and our vendors to be able to provide our products and services to you, the gift recipient or potential gift recipient via our Site.  We use this information to send you information about your account and order, respond to your requests, process payments and refunds, set up your account, comply with any legal obligations such as calculation of applicable taxes to orders, and send you marketing messages, if you choose to receive such messages.

 

  • Adelphia Seafood and our third-party vendors collect your financial information including your credit card/payment details, and billing address to bill you for the products that you ordered through this Site. This financial information is used for processing payment and issuing a refund, if applicable.

 

  • We may use your IP address to conduct analyses of user traffic, to help diagnose problems with our server, administer our Site, or to enable selected third parties to provide us with information on the companies visiting our Site.

 

  • If you are an existing customer, we may use your email address to respond to inquiries and to provide you with information that may be of interest to you, relating to new products, promotions, or to find out how we can serve you better. Every email you receive from us will contain simple instructions for removing yourself from the list or changing your profile.

 

  • Adelphia Seafood generally stores information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. After an order is complete, we may store such information as necessary for tax and accounting purposes.

 

  • Adelphia Seafood will, upon written request, delete all personal information of a Site visitor except as required to be stored by applicable law. All requests should be sent to Customer Service at the address set forth below.

 

  1. Accessing your information

 

  • All visitors to our Site are entitled under applicable law to access the personal information upon request to Adelphia Seafood free of charge by contacting our Customer Service team as set forth below. The information may be delivered by mail or electronically, and if provided electronically, the information shall be in a portable and, to the extent technically feasible, in a readily useable format that allows the visitor of our Site to transmit this information to another entity without hindrance. Adelphia Seafood shall not provide personal information to a visitor more than twice in a 12-month period.

 

  • Adelphia Seafood reserves the right to access and disclose personal information to comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself or its users.

 

  1. Service Providers and External Links

 

  • The Site may contain links to other web sites. Adelphia Seafood is not responsible for the privacy practices or the content of other websites. Web sites that are accessible by hyperlinks from the Site may use cookies. Adelphia Seafood encourages you to read the privacy statements provided by the other websites before you provide personally identifiable information to them.

 

  • We work with third-party vendors who provide services, including but not limited to website hosting, order processing and fulfillment, credit card clearance, e-commerce affiliation, data analysis, emailing and other services of an administrative nature. Adelphia Seafood shares the personally identifiable information, including financial information, provided by the Site visitors with such third parties for the purpose of providing such services.

 

  • If we do disclose personal information to third parties, we will only do so to third parties whom we are satisfied have measures to protect your personal information in a manner consistent with all applicable laws.

 

  • Adelphia Seafood encourages you to read the privacy statements provided by our third-party vendors including Weebly and Square, Inc.

 

  1. Consent and Age.

 

  • By utilizing the Site, you acknowledge and agree that:

 

  • 1.1 You are at least sixteen (16) years old and, if you are providing any personal information for an individual that is less than (16) years old, you have the consent of the parent or guardian to provide Adelphia Seafood with such personally identifiable information; and

 

  • 1.2 In the course of registering and using our Site and any services offered via our Site including the purchase of our products, certain personal information about you, your gift recipients, and potential gift recipients will be captured electronically or otherwise and transmitted to Adelphia Seafood, and potentially to any third parties as set out above; and

 

  • 1.3 We may transfer all personal information provided by you from one country or continent to another for processing or use in accordance with this Privacy Statement and applicable law.

 

  • By using our Site, you expressly agree to the collection and use of the personal information provided by you as set out above for the purposes set out in this Privacy Statement.

 

  1. Protection of User Information

 

  • Adelphia Seafood respects the privacy of its customers and is committed to complying with all laws relating to the protection of personal data.

 

  • To prevent unauthorized access, we follow appropriate security procedures in the storage and disclosure of personal information which you have given to us.

 

  • Certain areas of our Site are password protected. You can help to preserve your privacy by never sharing your password with anyone else.

 

  1. We reserve the right to add to or change the terms of this Privacy Policy at our sole discretion, without prior notice to you. If we change this Privacy Policy, we will post the new Privacy Policy on our Site, and it will become effective from the time of posting to our Site. Please visit this Privacy Policy on a regular basis to make sure you have read the latest version and you understand what we do with your personal information. Whenever possible, we will give you notice of any changes prior to their implementation. Your continued use of our Site following the posting of changes to these terms means that you consent to those changes.

 

 

DISCLAIMER OF WARRANTIES

 

While we endeavor to ensure that the information on our Site is accurate, current and complete, there may be instances when our Site and/or the product page contains inaccurate or incomplete information. Our Site and the Content are provided on an “as is” and “as available” basis, without representations or warranties of any kind, and to the fullest extent permitted under applicable law, we disclaim any and all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Site or the online ordering, curbside pickup, or shipping service will be uninterrupted or error-free, that any defects will be corrected, that they will be free of viruses, malicious code, or unauthorized access such as third-party hackers or denial of service attacks.

 

LIMITATION OF LIABILITY.

 

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Harry O. Hahn Seafood, Inc. d/b/a Adelphia Seafood AND ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, “Adelphia Seafood”) BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ORDER, YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE OUR SITE, THE CONTENT ON OUR SITE, THE PRODUCTS AND SERVICES. This is a comprehensive limitation of liability that applies to all losses and damages of any kind including personal injury or death or for any direct, indirect, economic, general, special, punitive, incidental, exemplary, or consequential damages of any kind, including without limitation, loss of data, income, use or profits, in connection with or otherwise directly or indirectly related to, without limitation, the, products, content, Site.

 

 

 

 

INDEMNIFICATION

 

You agree to defend (at our option), indemnify and hold harmless Adelphia Seafood from and against any and all liabilities, claims, damages, costs, and expenses (including lawyers’ fees and costs) arising from or related to your misuse of our Site or any breach or alleged breach by you of the Terms of Use. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you. You agree to provide all cooperation to us with respect to the defense and/or settlement of such matter.

 

GOVERNING LAW

 

The Terms of Use shall be interpreted by and subject to the laws of the Commonwealth of Pennsylvania. 

 

CONTACTING US

 

If you have any questions about our Site or about our Terms of Use, please contact:

 

Adelphia Seafood

Attn: Customer Service

3024 Penn Ave

West Lawn, PA 19609

 

or call toll free 1-800-899-2722 or 610-670-2500.

 

 

TERMS AND CONDITIONS  – ONLINE ORDERS AND SHIPPING

 

PLEASE READ THESE TERMS AND CONDITIONS FOR ONLINE ORDERS AND SHIPPING (“Terms and Conditions”) CAREFULLY AS THEY ARE A BINDING AGREEMENT BETWEEN YOU AND Harry O. Hahn Seafood Inc. d/b/a Adelphia Seafood Company and any affiliate (“Adelphia Seafood”, “We”, and “Us”). The products, our services and your order are provided only on the condition that you agree to these Terms and Conditions.  BY PLACING YOUR ORDER VIA OUR SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

Wholesale customers are not eligible to order products from Adelphia Seafood through the Site and are subject to terms and conditions privately negotiated with Adelphia Seafood’s sales staff. These Terms and Conditions are not applicable to any wholesale purchase of Adelphia Seafood’s products.

 

  1. Pricing and Payment

 

  • Prices are in U.S. dollars and exclude any applicable taxes and fees. Prices shown on our Site are the online prices for the items at the time you access our Site and place your order. These prices may: (i) vary from current prices in-store; (ii) exclude any discounts, promotion or offers currently available in-store; and (ii) vary from in-store prices at the time of pick-up. Prices online are subject to change at any time without notice. In the event a product is listed at an incorrect price due to typographical, electronic or other error, we reserve the right to refuse or cancel the order (or any part thereof) regardless of any order confirmation.

 

  • Prices are only for retail and individual customers. Wholesale and restaurant customers are not eligible to place orders online.

 

  • Promotions, discounts and/or offers available in-store may not be available for online orders.

 

  • Customers may use Adelphia Square e-gift cards for online orders. We are unable to accept any gift certificates for online orders. We are unable to accept food stamps and any third-party coupons (printed or digital).

 

  • Payment is made through a partnership with Square, Inc.

 

 

 

 

  1. Orders, Cancellations and Modifications

 

  • All orders placed online are subject to our acceptance. Your receipt of an order confirmation does not constitute our acceptance of your order or an offer to sell. We reserve the right at any time after receipt of your order to accept or decline the order without liability to you or anyone else.

 

  • Item availability may vary due to reasons beyond our reasonable control. We are unable to guarantee the availability of items ordered even if an order confirmation email is sent. If we are unable to fulfill any part of your order, we will not provide any substitutions. You will not be charged for any item that is not provided to you at the time of pickup. We are not liable to you or any other persons for any order we are unable to fulfill or which we are only able to partially fulfill.

 

  • We reserve the right to limit your order or the quantity of a particular product on your order.

 

  1. Products and Allergens

 

  • Adelphia Seafood reserves the right to discontinue or change products and product specifications. Certain products may be available solely for curbside pickup.

 

  • Product descriptions are provided for your convenience. Photographs of products are exemplary of the product advertised. Adelphia Seafood is not liable for any error or omission in the description of any product.

 

  • ALLERGEN DISCLAIMER. Products sold on our site may contain allergens including fish, shellfish, soy, eggs, wheat, milk, peanuts, and tree nuts. Product descriptions are provided for your convenience and describe which allergens the product may contain.  Adelphia Seafood Allergen and Product Descriptions available here.  Some products available for solely curbside pickup may not be listed on the Allergen and Product Descriptions. Customers are advised that products may be in contact with each other. Customers are welcome to call our West Lawn location with questions prior to pick up.  Adelphia Seafood is not liable for any allergic reaction suffered for products consumed. 

 

  • Product Preparation Guidelines have been provided for your convenience. CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH, OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, ESPECIALLY IF YOU HAVE CERTAIN MEDICAL CONDITIONS. You acknowledge and agree that all risk of foodborne illness transfers upon receipt of the product upon pick up or upon delivery and the customer is responsible for the preparation of the product. Adelphia Seafood shall be held harmless in the event that you or any consumer of its products contracts a foodborne illness. 

 

  1. Shipping

 

  • Adelphia Seafood is located in Reading, Pennsylvania and is currently shipping to customers located in Pennsylvania, New Jersey, Delaware, Maryland, Virginia, New York and the District of Columbia. We plan to ship to other locations in the future and look forward to your business!

 

  • All online orders are currently shipped via Federal Express (“FedEx”) and are expected to arrive within two (2) days from the date of shipment. Adelphia Seafood, by and through Square, Inc., will assign your shipping fee upon order submission.  You are responsible for the cost of shipping and all orders are subject to the FedEx’s applicable terms and conditions. Adelphia Seafood reserves the right to alter the shipping fee and notify you of the change prior to order fulfillment and delivery of the order to FedEx (for example, large orders or consolidation of multiple orders).

 

  • ALL OF ADELPHIA SEAFOOD’S PRODUCTS ARE PERISHABLE. All products are packaged and shipped in dry ice to maintain the quality of the product during shipment. All product should be removed from the dry ice packaging and placed in a freezer within twelve (12) hours of delivery. Orders do not require signature at the time of delivery. Any orders left unattended will be the responsibility of the purchaser.

 

  • RISK OF LOSS FOR AND TITLE TO PRODUCTS PURCHASED PASSED TO YOU UPON DELIVERY TO CARRIER (Federal Express). Adelphia Seafood is not responsible for any damage to packaging or product that occurs in transit or upon delivery. Product is packaged so that it will be safe for consumption upon delivery and for twelve (12) hours after delivery.  Adelphia Seafood will not be responsible if the order is rerouted or for any other delays.

 

  • Products cannot be shipped to P.O. Boxes and incomplete addresses. Adelphia Seafood reserves the right to cancel an order because an address is incomplete or undeliverable.

 

  1. Curbside Pickup

 

  • Orders for curbside pickup will be picked up at our West Lawn location located at 3024 Penn Ave, West Lawn, PA 19609.

 

  • Your order confirmation email will include instructions on how to pick up your order.

 

  • Available pickup dates and times are available on a first-come, first-served basis and are subject to confirmation by us. We may contact you if we are unable to fulfill your order for the date and/or time you have selected. We are not liable for any postponed or rescheduled dates and/or times for order pickup.

 

  • RISK OF LOSS. Risk of loss for and title to products purchased passes to you upon pickup. We are not responsible for your order once you have picked up your order. This includes any liability for damage, spoilage or theft.

 

  1. Refunds/Returns. Adelphia Seafood is proud of the quality of its product and the service it provides. No refunds or replacements will be issued unless the customer receives an incorrect product. All requests for refunds or replacements shall be made by calling us toll free 1-800-899-2722 or 610-670-2500.

 

  1. Additional Terms.

 

These Terms and Conditions are in addition to the Terms of Use of the Site. By making an order, you agree to the Terms of Use in addition to the Terms and Conditions for Online Orders and Shipping.