Term of Use

We hope you will enjoy visiting us at Berthas.com. Please be aware that use of Berthas.com is subject to the following terms of use explained below, the Privacy Policy and all disclaimers, terms and conditions that appear elsewhere on the Berthas.com site. If you do not agree to these terms and conditions, please do not use this website.

Berthas and Big B,LLC reserves the right to make changes to the Berthas.com web site and its Conditions of Use and Legal Notices at any time. Each time you use the Berthas.com web site, you should visit and review the then current Terms of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the Berthas.com web site, its content or Terms of Use and Legal Notices or Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using the Berthas.com web site.

Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site is prohibited.

Disclaimers and Limitation of Liability

By using the Berthas.com web site, you expressly agree that use of the Berthas.com web site is at your sole risk. The Berthas.com web site is provided on an “AS IS” and “as available” basis. Neither Berthas.com, Big B, LLC nor its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the Berthas.com web site will be uninterrupted or error-free. Neither Berthas.com. Big B, LLC nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Berthas.com web site or the products or services offered for sale on the Berthas.com web site. Further, Berthas.com  makes no representation that content provided on the Berthas.com web site is applicable to, or appropriate for use in, locations outside of the United States. Berthas.com, Big B, LLC and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Berthas.com, Big B, LLC or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Under no circumstances shall Berthas.com, Big B, LLC or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Berthas.com web site, including but not limited to reliance by you on any information obtained from the Berthas.com web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Berthas.com, Big B, LLC has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Berthas.com web site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Errors on Our Site

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Berthas.com and/or Big B, LLC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Berthas.com and/or Big B, LLC will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may refer to Our 100% Customer Satisfaction No Weasel Clauses Guarantee.

Using Gift Cards

Gift cards are issued by Berthas.com and/or Big B, LLC and are subject to the terms and conditions listed on each card. The Gift Cards do not expire and any remaining balance can be used for future purchases.  Online Gift Cards purchased at Berthas.com may only be redeemed online at Berthas.com and cannot be used at our restaurant or any other physical locations.

Validating Your Order

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Your receipt of an electronic or other form of order acknowledgement does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Berthas.com web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Requested Delivery Dates/Shipping

We will make every attempt to honor the requested delivery date entered at order checkout, however there may be circumstances where this may not be feasible due to holidays, weekends or other reasons. In the event we do need to move your requested delivery date we will notify you of the new date either via phone or email and you will receive a confirmation upon shipment as well.  Orders are shipped Monday-Friday during our non-holiday schedule 9am-6pm EST.  To ensure that you receive the highest quality food from us, we require that all food shipments go out UPS NEXT DAY AIR.  Gourmet food orders received before 2pm are normally shipped the same day via UPS NEXT DAY AIR for delivery by 8pm the following day.  Please note that not all addresses can be delivered to via UPS NEXT DAY AIR and we will notify you in the event this is the case.  Other non-food items are shipped standard GROUND unless otherwise specified.

Please refer to our Shipping Information page for more details about our shipping policies.

Our 100% Customer Satisfaction No Weasel Clauses Guarantee

Berthas.com and Big B, LLC stands behind its products, not behind sneaky “weasel clauses”.

If you are not absolutely thrilled with your purchase from Berthas.com, for any reason at all, we’ll cheerfully replace your purchase or refund your money, whichever you prefer.

When you order from Berthas.com, your satisfaction is always unconditionally guaranteed without having to worry about sneaky “weasel clauses”, so you can order with complete confidence. If at any time you have problems with an order, simply contact our Customer Service or email customerservice@Berthas.com.

Please refer to our Guarantee Page for additional information on our 100% Customer Satisfaction Guarantee.

Order Limitations

We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will notify you.

Berthas.com and/or Big B, LLC may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Berthas.com and/or Big B, LLC also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Berthas.com web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will notify you.

Shipping

All orders placed on this site are subject to product availability and will be shipped according to Berthas.com and/or Big B, LLC shipping policies. Please refer to our Shipping Information page for more information on our shipping rates and procedures.

Termination of Use

Berthas.com and/or Big B, LLC may, in its sole discretion, terminate your account or your use of the Berthas.com web site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Berthas.com and/or Big B, LLC reserves the right to change, suspend or discontinue all or any aspects of the Berthas.com web site at any time without prior notice.

Customer Appreciation

At Berthas.com our goal is to provide incredible gourmet experiences with our products, packaging and excellent service. Thank you for considering us when shopping online for dock-fresh live mussels, fresh-frozen crab cakes, shrimp, seafood and other gourmet items. Our goal is to be Your First Choice For Fresh Home Made Seafood Delivered To Your Door, fresh from our kitchen to yours.