Terms and Conditions

Last updated: 07/03/2026
Welcome to Fresh Del Mar. These Terms and Conditions (“Terms”) govern your access to and use of the website located at https://www.freshdelmar.com and your purchase of products from Fresh Del Mar.
By accessing the Website, creating an account, placing an order, or selecting the checkbox indicating that you accept these Terms, you acknowledge that you have read, understood, and agreed to be legally bound by them.
Please read these Terms carefully before placing an order.
1. Company Information
For purposes of these Terms:
“Fresh Del Mar,” “Company,” “we,” “us,” or “our” refers to:
Fresh Del Mar [Full legal business name, if different] [Business mailing address] Miami, Florida [ZIP Code] Email: [Customer service email] Telephone: [Customer service number]
“Website” refers to https://www.freshdelmar.com.
“Customer,” “you,” or “your” refers to any person or legal entity accessing the Website or purchasing products through it.
“Products” refers to the fish, seafood, shellfish, prepared items, packaged goods, and other products offered for sale through the Website.
“Order” refers to a request submitted through the Website to purchase Products.
2. Eligibility
You must be at least 18 years old and legally capable of entering into a binding agreement to place an Order.
By using the Website or placing an Order, you represent that the information you provide is accurate, complete, and current and that you are authorized to use the payment method submitted with your Order.
We reserve the right to refuse service, cancel an Order, restrict access, or close an account when we reasonably believe that fraudulent, abusive, unlawful, or unauthorized activity has occurred.
3. Acceptance of Orders
Submitting an Order does not automatically mean that the Order has been accepted.
An Order is considered accepted only after Fresh Del Mar sends you an Order confirmation or otherwise begins preparing the Products. An automated acknowledgment that we received your Order does not guarantee acceptance or availability.
We reserve the right to accept, reject, limit, or cancel any Order for reasons including:

Product unavailability;
Incorrect pricing or Product information;
Payment authorization problems;
Suspected fraud or unauthorized activity;
Delivery-address issues;
Safety or quality concerns;
Events outside our reasonable control; or
Violations of these Terms.

If we cancel an Order after payment has been collected, we will refund the amount charged for the canceled Products, unless the cancellation resulted from fraud, misuse, a chargeback, or another circumstance in which a refund is not legally required.
4. Product Availability and Substitutions
All Products are subject to availability.
Because fish and seafood are seasonal and may depend on market conditions, weather, supplier availability, quality inspections, and transportation, a Product shown on the Website may become unavailable after an Order is submitted.
When a Product is unavailable, we may:

Contact you to approve a comparable substitution;
Remove the unavailable Product and refund its price;
Issue an account credit with your approval; or
Cancel the affected portion of the Order.

We will not substitute a Product with one of materially different type or value without your authorization.
5. Natural Variations and Product Images
Fish and seafood are natural products. Actual Products may vary in size, shape, color, texture, fat content, bone content, skin appearance, cut, and other natural characteristics.

Product photographs, packaging, serving suggestions, and illustrations on the Website are provided for general reference. They do not guarantee that the Product delivered will appear exactly as pictured.
Minor natural variations do not constitute a defect and do not create a right to a refund.
6. Product Weigh Products sold by approximate weight may vary slightly from the weight displayed on the Website.When practical, the final charge may be adjusted to reflect the actual weight of the Product. If the Website charges a fixed price for a stated approximate weight, the Customer accepts reasonable weight variations customary for hand-cut and naturally sized seafood products.

We will not intentionally provide materially less Product than the quantity purchased.

7. Prices, Taxes, and Errors
All prices are displayed in United States dollars.
Prices, promotions, availability, minimum-order requirements, delivery charges, and free-delivery thresholds may change without notice. Changes will not normally affect Orders already accepted, except where there has been an obvious pricing, typographical, technical, or system error.
We reserve the right to correct errors in Product descriptions, prices, discounts, delivery fees, taxes, or availability, even after an Order has been submitted.
If an error affects your Order, we may contact you and give you the option to approve the corrected amount or cancel the affected Product. We are not required to honor a price that is clearly or materially incorrect.
Applicable taxes and governmental charges will be added when required by law.
8. Payment Processing
Payment must be made using one of the payment methods accepted on the Website.
Payments may be processed by third-party payment providers, including Stripe or another payment processor. The payment provider may collect and process your payment information according to its own terms and privacy practices.
Fresh Del Mar does not guarantee that every payment attempt will be authorized. Your bank or payment provider may impose additional conditions, holds, fees, or verification requirements.
You authorize Fresh Del Mar and its payment processor to charge the total amount shown at checkout, including Products, taxes, delivery fees, tips, and other authorized charges.
We reserve the right to request additional verification before accepting or fulfilling an Order.
9. Delivery Area
Fresh Del Mar provides local delivery only to addresses within its current service area.
The available service area may be displayed at checkout and may include selected areas of Miami-Dade County. Delivery availability is determined by the exact address, not merely by city name or ZIP Code.
We may modify, expand, reduce, or suspend the delivery area at any time.
An Order placed for an address outside our service area may be rejected or canceled.
10. Delivery Dates and Times
Any delivery date, time, or delivery window provided by Fresh Del Mar is an estimate unless we expressly confirm that it is guaranteed.
Delivery times may be affected by traffic, weather, product availability, supplier delays, vehicle problems, building access, security procedures, road closures, emergencies, and other circumstances outside our reasonable control.
We will make reasonable efforts to communicate significant delays. A delay within a reasonable period does not automatically create a right to cancel or receive a refund, particularly after the Products have been prepared, packed, or dispatched.
11. Customer Delivery Responsibilities
You are responsible for providing:

A complete and accurate delivery address;
The correct apartment, suite, gate, or unit number;
Any required gate code or building instructions;
A working telephone number;
Safe and lawful access to the delivery location; and
A person authorized to receive the Order when required.

Fresh Del Mar is not responsible for delays, failed deliveries, loss, or deterioration caused by inaccurate information, inaccessible premises, unanswered calls, security restrictions, animals, unsafe conditions, or the Customer’s failure to receive the Order.
Additional delivery charges may apply if redelivery is requested.
12. Unattended Deliveries
When permitted by Fresh Del Mar, you may authorize us to leave an Order at the delivery address without obtaining a signature.
By requesting or accepting an unattended delivery, you acknowledge that seafood is highly perishable and assume the risk of loss, theft, contamination, exposure to heat, weather, animals, or deterioration after the Order is left at the authorized location.
An unattended Order will be considered delivered when our delivery records, photograph, GPS data, message, or other reasonable evidence shows that it was left at the address or location provided by the Customer.
Fresh Del Mar is not responsible for Products that are left unattended at the Customer’s request and are not promptly retrieved and refrigerated.
We reserve the right to refuse an unattended delivery when weather, location, safety conditions, or the nature of the Order makes it inappropriate.
13. Transfer of Responsibility After Delivery
Responsibility for the proper handling, storage, refrigeration, freezing, preparation, and consumption of the Products transfers to the Customer upon completed delivery.
Completed delivery occurs when the Order is:

Personally delivered to the Customer or an authorized recipient;
Delivered to a doorman, receptionist, concierge, employee, household member, or other person reasonably appearing authorized to accept it; or
Left at an authorized unattended-delivery location.

After completed delivery, the Customer is responsible for promptly inspecting and refrigerating or freezing the Products.
Fresh Del Mar is not responsible for deterioration, contamination, loss, or illness resulting from improper storage, delayed retrieval, cross-contamination, mishandling, inadequate cooking, or use after delivery.
Nothing in this section limits responsibility that cannot legally be excluded.
14. Refrigeration and Safe Handling
Seafood is perishable and must be handled carefully.
You agree to:

Retrieve the Order promptly;
Inspect the packaging and temperature upon arrival;
Refrigerate or freeze the Products immediately;
Prevent cross-contamination;
Follow all handling, storage, thawing, and cooking instructions;
Keep raw seafood separate from ready-to-eat foods; and
Discard any Product that appears unsafe or has been stored improperly.

Packaging, ice packs, liners, insulated containers, or other cooling materials are intended to help maintain temperature during delivery. They are not intended for long-term storage.
Do not consume a Product that has an unusual odor, damaged packaging, signs of spoilage, or another condition that reasonably suggests it may be unsafe. Contact Fresh Del Mar immediately and preserve the Product, packaging, label, and photographs for review.
15. Raw and Undercooked Seafood Warning
Consuming raw or undercooked fish, shellfish, molluscan shellfish, crustaceans, or other seafood may increase the risk of foodborne illness.
This risk may be greater for pregnant individuals, young children, older adults, and people with weakened immune systems, liver disease, diabetes, cancer, or other medical conditions.
Customers are responsible for deciding whether raw or undercooked seafood is appropriate for them and should consult a qualified healthcare professional when necessary.
A Product should not be considered suitable for raw consumption unless Fresh Del Mar expressly identifies it as such in writing. Terms such as “fresh,” “premium,” or “sushi-style” do not independently guarantee suitability for raw consumption.
16. Allergies and Cross-Contact
Fish and shellfish are major food allergens and may cause serious or life-threatening allergic reactions.
Products may be processed, stored, cut, packed, or transported in facilities or equipment that handle fish, crustacean shellfish, molluscan shellfish, dairy, eggs, wheat, soy, sesame, peanuts, tree nuts, or other allergens.
Fresh Del Mar does not guarantee that any Product is free from allergens or cross-contact unless expressly stated in writing.
Customers with food allergies are responsible for reviewing Product information and determining whether a Product is appropriate for them. Contact us before ordering when you have questions about ingredients or handling.
17. Bones, Shells, and Other Natural Materials
Although reasonable care may be used during cutting and preparation, fish Products may contain small bones, scales, cartilage, skin, or other naturally occurring materials. Shellfish Products may contain pieces of shell.
Customers should inspect Products carefully before serving or consuming them, particularly when Products are being served to children, older adults, or individuals with swallowing difficulties.
18. Order Changes and Cancellations
Requests to change or cancel an Order must be submitted as soon as possible by contacting us at [customer service email or telephone number].
An Order may be canceled without charge only if Fresh Del Mar confirms that cancellation before preparation, cutting, portioning, packaging, procurement, or dispatch has begun.
Because Products are fresh, perishable, and may be prepared specifically for an Order, an Order generally cannot be changed or canceled after preparation or fulfillment has begun.
A cancellation request is not effective until Fresh Del Mar confirms it in writing.
Nothing in this section eliminates a cancellation or refund right that cannot legally be waived.
19. No Returns
For food-safety reasons, Fresh Del Mar does not accept physical returns of fish, seafood, shellfish, or other perishable Products after delivery.
Customers should not attempt to return Products to a driver, supplier, facility, or business address unless Fresh Del Mar provides specific written instructions.
The no-return policy does not prevent a Customer from submitting a valid quality or order-accuracy claim under the following section.
20. Refunds, Credits, and Quality Claims
Because our Products are perishable, all sales are final except when:

The wrong Product was delivered;
A paid Product was missing;
The Product arrived materially damaged;
The Product was demonstrably unsafe or spoiled at the time of delivery;
Fresh Del Mar canceled the Product; or
A refund is otherwise required by applicable law.

To submit a claim, you must contact Fresh Del Mar within four hours after delivery at [customer service email or telephone number].
The claim should include:

The Customer’s name;
Order number;
A description of the issue;
Clear photographs of the Product;
Photographs of the packaging and label;
The time the Order was received; and
Any other reasonably requested information.

Do not discard the Product or packaging until Fresh Del Mar has had a reasonable opportunity to review the claim or has instructed you to dispose of it.
Failure to report a readily observable issue within the stated period may affect our ability to verify the condition at delivery. However, this provision does not eliminate rights that cannot legally be limited.
After reviewing a valid claim, Fresh Del Mar may, as appropriate:

Replace the affected Product;
Refund the amount paid for the affected Product;
Issue a store credit with the Customer’s agreement; or
Provide another reasonable resolution.

Any remedy ordinarily applies only to the affected Product, not the entire Order, delivery charge, tip, or unrelated Products.
A Customer’s personal taste, change of mind, refusal to follow storage instructions, failure to retrieve the Order promptly, or dissatisfaction with natural variations is not normally grounds for a refund.
21. Chargebacks and Payment Disputes
Before initiating a chargeback or payment dispute, you agree to make a reasonable effort to contact Fresh Del Mar and allow us to investigate and address the issue.
We reserve the right to provide the payment processor or financial institution with Order records, checkout acceptance records, delivery confirmation, communications, photographs, GPS data, and other relevant information when responding to a chargeback.
Fraudulent or abusive chargebacks may result in cancellation of future Orders, suspension of account access, and recovery of amounts lawfully owed.
Nothing in this section prevents you from exercising rights provided by applicable law or your payment-card agreement.
22. Promotions and Discount Codes
Promotions, coupons, discounts, free-delivery offers, and promotional codes:

May be subject to additional conditions;
May have expiration dates;
May be limited to certain Customers, Products, or delivery areas;
May not be combined unless expressly permitted;
Have no cash value;
May not be sold, transferred, duplicated, or reproduced; and
May be canceled when obtained or used fraudulently.

We reserve the right to correct, suspend, or cancel a promotion because of an error, misuse, fraud, technical problem, or circumstance outside our reasonable control.
23. Website Information
We make reasonable efforts to keep Website information accurate and current. However, we do not guarantee that descriptions, photographs, prices, availability, delivery estimates, nutritional information, weights, or other content will always be complete, current, or error-free.
We may correct or update Website content without prior notice.
Information on the Website is provided for general informational purposes and is not medical, nutritional, dietary, or professional advice.
24. Acceptable Use
You may not use the Website to:

Violate any law or regulation;
Commit or attempt fraud;
Submit false information;
Interfere with the operation or security of the Website;
Introduce malware or harmful code;
Access accounts or systems without authorization;
Scrape, copy, reproduce, or exploit Website content without permission;
Impersonate another person;
Harass employees, contractors, drivers, or other users; or
Place Orders for resale without written authorization.

We may suspend or terminate access when we reasonably believe that these restrictions have been violated.
25. Intellectual Property
The Website and its content, including the Fresh Del Mar name, logos, photographs, graphics, text, videos, designs, product descriptions, icons, software, and layout, are owned by or licensed to Fresh Del Mar and are protected by applicable intellectual-property laws.
You may use the Website only for personal, noncommercial shopping purposes.
No content may be copied, reproduced, modified, distributed, displayed, sold, licensed, republished, or commercially exploited without prior written authorization from Fresh Del Mar or the applicable rights holder.
26. Third-Party Services and Links
The Website may use or link to third-party services, including payment processors, delivery platforms, mapping services, analytics services, social-media platforms, and other websites.
Fresh Del Mar does not control and is not responsible for the independent content, security, availability, terms, or privacy practices of third-party services.
Your use of third-party services may be governed by separate agreements between you and those providers.
27. Electronic Communications
By placing an Order, you consent to receive transactional communications relating to that Order, including confirmations, receipts, preparation updates, delivery notifications, security messages, and customer-service communications.
Transactional communications are necessary to process and deliver your Order and are not promotional messages.
Promotional emails or text messages will be sent only as permitted by applicable law. Where required, marketing consent will be requested separately and will not be a condition of purchasing Products.
You may unsubscribe from promotional emails by using the unsubscribe link included in those messages. Instructions for opting out of promotional text messages will be included where applicable.
28. Privacy
Your use of the Website is also governed by our Privacy Policy, available at:
[Insert Privacy Policy link]
The Privacy Policy describes how Fresh Del Mar collects, uses, discloses, and protects personal information.
29. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Website and its content are provided on an “as is” and “as available” basis.
Fresh Del Mar does not warrant that the Website will always be uninterrupted, secure, available, error-free, or free of harmful components.
Nothing in these Terms excludes any express Product commitment made by Fresh Del Mar or any warranty, duty, or consumer right that cannot lawfully be excluded.
30. Limitation of Liability
To the fullest extent permitted by applicable law, Fresh Del Mar will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from the use of the Website or purchase of Products, including lost profits, lost data, business interruption, or loss of opportunity.
To the fullest extent permitted by applicable law, Fresh Del Mar’s total liability arising from a particular Order will not exceed the amount actually paid to Fresh Del Mar for the Product or Order giving rise to the claim.
These limitations do not apply to liability that cannot lawfully be excluded or limited, including liability arising from intentional misconduct, fraud, or other matters for which limitation is prohibited by law.
31. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless Fresh Del Mar and its owners, officers, employees, contractors, and agents from third-party claims, damages, losses, and reasonable expenses arising from:

Your unlawful or unauthorized use of the Website;
Your violation of these Terms;
Your misuse, mishandling, improper storage, or improper preparation of Products after delivery;
Inaccurate information provided by you; or
Your infringement of another person’s rights.

This section does not require you to indemnify Fresh Del Mar for Fresh Del Mar’s own negligence, unlawful conduct, or other responsibility that cannot legally be transferred.
32. Events Outside Our Control
Fresh Del Mar is not responsible for a delay or failure caused by events outside our reasonable control, including hurricanes, tropical storms, flooding, extreme weather, power failures, refrigeration failures outside our control, traffic emergencies, road closures, accidents, labor disruptions, supplier failures, shortages, governmental actions, public-health emergencies, cyberattacks, telecommunications failures, or natural disasters.
When reasonably possible, we will attempt to communicate material delays and provide an appropriate resolution based on the circumstances.
33. Governing Law
These Terms and any dispute relating to the Website, Products, or an Order are governed by the laws of the State of Florida, without regard to conflict-of-law principles.
Subject to any consumer rights or jurisdictional rules that cannot lawfully be waived, legal proceedings relating to these Terms shall be brought in a court of competent jurisdiction located in Miami-Dade County, Florida.
34. Informal Dispute Resolution
Before filing a legal claim, you and Fresh Del Mar agree to make a good-faith effort to resolve the matter informally.
A Customer may begin the process by contacting:
[Customer service or legal email] [Mailing address]
The notice should identify the Customer, Order number, relevant facts, requested resolution, and supporting documentation.
Fresh Del Mar will make a reasonable effort to review and respond to the notice.
Nothing in this section prevents either party from seeking urgent relief when necessary or exercising a right that cannot legally be restricted.
35. Severability
If any provision of these Terms is found invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent legally permitted or removed to the minimum extent necessary.
The remaining provisions will continue in effect.
36. No Waiver
Fresh Del Mar’s failure to enforce a provision on one occasion does not waive the right to enforce that provision or another provision in the future.
37. Assignment
You may not transfer or assign your rights or obligations under these Terms without Fresh Del Mar’s prior written consent.
Fresh Del Mar may transfer its rights and obligations as part of a merger, acquisition, reorganization, sale of assets, financing, or transfer of the business, subject to applicable law.
38. Entire Agreement
These Terms, the Privacy Policy, the Refund and Delivery Policies, and any additional conditions displayed and accepted during checkout constitute the agreement between you and Fresh Del Mar concerning your use of the Website and purchase of Products.
If a Product-specific or promotional condition conflicts with these Terms, the more specific condition will control for that Product or promotion.
39. Changes to These Terms
We may update these Terms from time to time.
The updated version will be posted on the Website with a revised “Last updated” date. Changes apply prospectively unless applicable law permits otherwise.
The Terms in effect when an Order is placed will generally govern that Order.
Material changes will be communicated when required by applicable law.
40. Contact Us
Questions, concerns, complaints, cancellation requests, or Product-quality claims may be submitted to:
Fresh Del Mar 11571SW 150PL, Miami FL 33196