Terms and Conditions
AcceptanceIf you visit or shop at shiverbahamas.com, you accept these terms and conditions. Shiver will not accept any other terms and conditions of sale, unless Buyer and Shiver have executed a master contract which specifically supersedes and replaces these terms and conditions.
Any term, condition, or proposals hereafter submitted by Buyer (whether oral or in writing) which is inconsistent with or in addition to the terms and conditions set forth hereon is objected to and is hereby rejected by Shiver. Shiver's silence or failure to respond to any such subsequent or different term, condition, or proposal shall not be deemed to be Shiver's acceptance or approval thereof.
Shipping and Delivery
Because delays may occur by banks and credit card companies during the billing process, orders PASSED BILLING by 12 pm EST will usually be shipped within 48 business hours if in stock, subject to product availability and verification of billing. You will be notified by email if there is any problem processing your order.
Shiver shall not be liable for any shipment delays beyond the reasonable control of Shiver, including but not limited to delays caused by unavailability or shortages of Products from Shiver's suppliers; natural disasters, acts of war; acts or omissions of Buyer; fire, strike, riot, or governmental interference; unavailability or shortage of materials, labor, fuel, or power through normal commercial channels at customary and reasonable rates; failure or destruction of plant or equipment arising from any cause whatsoever; or transport failures.
Mispriced Product and Incorrect Information
With respect to all products sold at premiumfoodsbahamas.com, we always try to maintain the accuracy of price and information on all of our available products. However, in the event that there is an error that results in a mispriced product and/or incorrect information, Shiver reserves the right to disclaim responsibility due to these errors.
As such, Shiver shall have the right to refuse and cancel orders with incorrect prices and/or information. Shiver will immediately notify customers of this matter if an order is placed with incorrect prices. Shiver will notify the customer of any cancellation of orders, and if any payment was rendered, it will be returned in the same appropriate manner that the payment was made.
Product Returns
All items sold by Shiver are automatically covered by our Unconditional Guarantee against defects, except as otherwise specified on an individual basis on the invoice. Defect in this context means manufacturer's defects. We are not responsible for any damages resulting from time-temperature violations of product storage once delivered. Our products MUST remain refrigerated. Buyer shall promptly notify Shiver, in no event later than two (2) business days after delivery, of any claimed shortages or rejection as to any delivery. Such notice shall be in writing and shall be reasonably detailed, stating the grounds for any such rejection. Failure to give any such notice within such time shall be deemed an acceptance in full of any such delivery.
Shiver is not responsible for errors and shall have the right to refuse or cancel any orders placed for products listed with incorrect information. Return of Products purchased hereunder shall be governed by Shiver's Product Return policies as set forth herein on the date of the invoice, or as otherwise provided by Shiver to Buyer in writing. Shiver reserves the right to modify or eliminate such policies at any time. Although Shiver's policies may permit Buyer to return Products claimed to be defective under certain circumstances, Shiver warrants that all food items shipped are safe for human consumption when prepared by normal cooking or reheating methods.
Shiver's Unconditional Guarantee against defects shall constitute Shiver's sole liability and Buyer's exclusive remedy in connection with any claim of any kind relating to the quality, condition, or performance of any Product, whether such claim is based upon principles of contract, warranty, negligence, or purpose or otherwise. In the event Shiver issues a return authorization to Buyer allowing Buyer to return Product to Shiver, Buyer will deliver the Product to Shiver's address in New Providence, if so required by Shiver.
All approved refund will be the current value or sale price of the returned product at premiumfoodsbahamas.com, which ever is lower, minus any applicable fee and/or charges.
The following rules apply according to the reason for return:
DO NOT WANT ITEM or ORDERED WRONG ITEM
We apologize. Due to the potential time-temperature violation of a product outside of our care, we are unable to accept return items for re-stocking.
SUSPECT ITEM IS DEFECTIVE
Defective item: A replacement will be sent to the customer in New Providence free of charge once we receive the defective item. Defective item will be replaced with the same product only. If the replacement is not available, we will give you full refund for the item.
SHIPPING ERROR
Received Wrong Item: We understand how frustrating it is to receive the wrong item. Therefore, contact us immediately via our Customer Service and Return Department Online service, or call us at 1-(242)-225-9209. The correct item will be shipped to you immediately upon our receipt of the incorrect item.
Item Damaged in Transit: If you receive a shipping carton that shows obvious damage, please refuse the shipment. Our delivery personnel is responsible for these damages, not you. If, upon opening the carton, you discover that the product was damaged during shipment, contact us for inspection via our Customer Service and Return Department Online service, or call us at 1-(242)-225-9209.
Limitation of Liability
Shiver shall not be liable under any circumstances for any special consequential, incidental, punitive, or exemplary damages arising out of or in any way connected with the agreement to sell product to buyer or the product, including, but not limited to, damages for lost profits, or for any damages or sums paid by buyer to third parties, even if Shiver has been advised of possibility of such damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise.
Order Cancellation
If items have been sent to warehouse for fulfillment, cancellation not due to back order will be subject to a cancellation fee.
General
All sales agreements shall be deemed made in, and shall be governed by, the laws of the Commonwealth of the Bahamas. The venue for any disputes arising out of any sales agreement shall be Nassau, New Providence, The Bahamas. ALL SALES TRANSACTIONS EXCLUDE THE APPLICATION OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
If items have been sent to warehouse for fulfillment, cancellation not due to back order will be subject to a cancellation fee.
General
All sales agreements shall be deemed made in, and shall be governed by, the laws of the Commonwealth of the Bahamas. The venue for any disputes arising out of any sales agreement shall be Nassau, New Providence, The Bahamas. ALL SALES TRANSACTIONS EXCLUDE THE APPLICATION OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.