Terms of service
LAST UPDATED: 01/06/2026
ACCEPTING THESE TERMS
This document, our rules, policies, and the other documents referenced make up our Terms of Service (“Terms”). The Terms are a legally binding contract between you and Prime Fish LLC d/b/a PrimeFish Seafood Co. (“PrimeFish,” “we,” “us,” or “our”). This contract sets out your rights and responsibilities when you use getprimefish.com (the “Site”). Please read them carefully.
By accessing the Site, placing an order, or purchasing any products, you acknowledge that you have read, understood, and agree to be bound by these Terms.
FOOD PRODUCTS NOTICE
PrimeFish Seafood Co. sells perishable seafood products intended for human consumption. You acknowledge and agree that seafood is a perishable food product that requires proper storage, handling, thawing, preparation, and cooking. By purchasing from and/or consuming any PrimeFish Seafood Co. products, you assume all responsibility for safe handling and preparation, including compliance with all food safety guidelines applicable to your jurisdiction.
CHANGES
PrimeFish Seafood Co. may amend the Terms at any time by posting a revised version on our Site. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification where required by law.
ACCESS
You are granted a non-exclusive, limited, and revocable license to access the Site and use its functionality on the condition that:
(a) You are over the age of 18;
(b) You only use the Site for lawful purposes;
(c) You do not engage in any improper, indecent, or offensive behavior while using the Site; and
(d) You are not breaking any law in your relevant jurisdiction by accessing this Site.
YOUR DETAILS AND VISITS TO THIS WEBSITE
The information or personal details that you provide us shall be processed in accordance with the Privacy Policy. When you use this Site, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality.
CUSTOMER RESPONSIBILITIES (ACCURACY, ACCESS, AND SAFE RECEIPT)
You are solely responsible for: (i) providing an accurate and complete shipping address, delivery instructions, and contact information; (ii) ensuring you can receive perishable shipments on the expected delivery date; (iii) promptly retrieving your shipment after delivery; and (iv) storing, thawing, and preparing products safely after delivery.
PrimeFish Seafood Co. is not responsible for issues arising from incorrect addresses, recipient unavailability, inability to access gated communities/apartments, refusal by doorman/concierge, theft after delivery, or failure to promptly retrieve the shipment.
AVAILABILITY OF PRODUCTS
All product orders are subject to availability. If there are difficulties regarding the supply of products or there are no more items left in stock, we will reimburse any amount that you may have paid for the unavailable item(s).
PERISHABLE PRODUCTS; NO RETURNS
All PrimeFish Seafood Co. products are perishable and are not eligible for return or exchange. All sales are final except as expressly stated in the “QUALITY CLAIMS, REFUNDS, AND REPLACEMENTS (TIME-LIMITED)” section below or as otherwise required by law.
ORDER FINALITY; NO CANCELLATIONS; LIMITED ORDER CHANGES
Final Sale / No Cancellations
Due to the perishable nature of seafood and the time-sensitive handling required for fulfillment, all sales are final once an order is placed.
Orders cannot be canceled for any reason, including (but not limited to) changed mind, ordering by mistake, scheduling conflicts, or delivery preference changes.
Order Changes (Allowed Within Guidelines)
While cancellations are not permitted, PrimeFish may be able to accommodate certain order changes if the request falls within our fulfillment and shipping guidelines.
Examples of changes we may be able to support include:
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Updating the shipping address
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Changing the arrival date (delivery date)
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Adding items to the order
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Removing items from the order
Order change requests are not guaranteed. All changes are subject to operational constraints, including inventory availability, fulfillment status, carrier timelines, packaging requirements, and shipping cutoff times.
PrimeFish reserves the right to approve or deny any change request at our discretion. Once an order is packed, labeled, or shipped, no changes can be made.
If a change request is approved:
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Added items will be charged at the current price (including applicable taxes and shipping).
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Removed items may be refunded only if the order has not entered processing and removal is operationally feasible.
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PrimeFish may apply additional shipping charges if changes affect package weight, packaging requirements, carrier cost, or if removing items causes the order subtotal to fall below our free shipping threshold.
PRICE AND PAYMENT
The price of the products will be as stipulated at all times on our Site, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the Site are correct, errors may occur.
If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as reasonably possible and give you the option of confirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and all amounts paid will be reimbursed to you in full.
Prices may change at any time. Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. Throughout the purchase process, before payment, you can modify the details of your order.
Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.
PROMOTIONS; DISCOUNTS; GIFT CARDS
Discount codes and promotions are subject to additional terms and may be modified or discontinued at any time. Unless expressly stated otherwise, promotions may not be combined, have no cash value, and may not be applied to prior purchases. Gift cards (if offered) are non-refundable except where required by law and are not redeemable for cash.
REFUSAL TO PROCESS AN ORDER
PrimeFish Seafood Co. reserves the right to remove any product from the Site at any time and to remove or modify any material or content from the same. We reserve the right to do so at any time. We may also refuse to process an order in our discretion, including in cases of suspected fraud or policy abuse.
SHIPPING METHODS; DELIVERY DAYS; NO PO BOXES; SIGNATURE NOT REQUIRED
PrimeFish Seafood Co. ships products frozen in insulated boxes with dry ice and gel packs. Orders are shipped exclusively via FedEx using Standard Overnight, FedEx 2Day, or Ground/Home Delivery depending on destination. Deliveries are made Tuesday–Sunday depending on destination. PrimeFish Seafood Co. does not ship to PO Boxes.
A signature is not required. FedEx may leave the package at the first delivery attempt. Customers are responsible for monitoring tracking updates and retrieving packages on the day of delivery. PrimeFish Seafood Co. is not responsible for spoilage or quality loss if a package is left unattended or retrieved late.
SHIPPING, DELIVERY, AND RISK OF LOSS
PrimeFish Seafood Co. ships perishable products using insulated packaging and cold packs and/or dry ice as applicable. You acknowledge that temperature, product quality, and delivery timing may be affected by factors outside of PrimeFish Seafood Co.’s control, including carrier delays, weather, and access restrictions.
To the maximum extent permitted by law, title to and risk of loss for products pass to you upon delivery of the shipment to the carrier. PrimeFish Seafood Co. is not responsible for delays, failed deliveries, theft after delivery, missed delivery attempts due to recipient unavailability, or inaccurate/incomplete delivery information provided by you.
PrimeFish Seafood Co. may delay shipment or adjust shipping schedules in its discretion to protect product quality due to weather, carrier disruptions, supply constraints, or other conditions.
ADDRESS ACCURACY; LOST OR STOLEN PACKAGES
Customers are responsible for providing a correct and complete shipping address. If an incorrect address is provided and the order has already shipped, PrimeFish Seafood Co. is not liable for loss, delay, or non-delivery. No refunds or replacements will be issued. PrimeFish Seafood Co. is not responsible for lost or stolen packages once marked delivered by FedEx.
PROHIBITED USES
You may not use, or encourage, promote, facilitate, instruct or induce others to use, the Site or Site services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
SECURITY
PrimeFish Seafood Co. ensures the protection and honesty of the data it gathers by utilizing appropriate administrative, technical, and physical safeguards intended to restrict access, identify and prevent unauthorized access, inappropriate disclosure, alteration, or destruction of the data under its influence.
QUALITY CLAIMS, REFUNDS, AND REPLACEMENTS (TIME-LIMITED)
Eligibility for replacement or refund is based on delivery at the carrier’s first delivery attempt on the posted delivery date.
If you believe your order is missing items, contains incorrect items, arrives damaged, or has quality concerns upon arrival, you must notify PrimeFish Seafood Co. within eight (8) hours of the carrier’s marked delivery date/time. Your notice must include your order number and clear photos and/or video of the product(s), internal packaging, and shipping label.
Claims submitted after the 8-hour window cannot be honored and will be denied regardless of circumstance, except where required by law.
PrimeFish Seafood Co. may, in its sole discretion, provide a replacement shipment, store credit, or partial/full refund if your claim is verified. Claims without adequate evidence, and claims involving products that have been discarded, consumed, or not preserved for inspection may be denied. PrimeFish Seafood Co. is not responsible for quality issues caused by improper storage, handling, thawing, or preparation after delivery.
CARRIER DELAYS (PAST THE POSTED DELIVERY DATE)
If FedEx delivers an order after the posted delivery date and the product arrives compromised as a result of the delay, PrimeFish Seafood Co. will replace the affected items at no cost. Refunds or store credit are not offered for carrier-caused delays. This policy reflects the perishable nature of seafood and the fact that carrier delays are outside our direct control.
PRIMEFISH FULFILLMENT ERRORS (OUR RESPONSIBILITY)
If an issue occurs due to a mistake on our part, including missing items, incorrect items shipped, or damage caused by improper packing prior to carrier pickup, PrimeFish Seafood Co. will offer the customer their choice of a replacement or a refund for the affected items.
TERMINATION
PrimeFish Seafood Co. reserves the right to change, suspend, limit or discontinue any of its services, in whole or in part at any time for any reason, without notice (unless required by law).
PrimeFish Seafood Co. may refuse service to anyone and may terminate or suspend your services and your access to the Site in whole or in part at any time, for any reason, without notice (unless required by law).
FOOD SAFETY; ASSUMPTION OF RISK; DISCLAIMER REGARDING ILLNESS (IMPORTANT)
PrimeFish Seafood Co. products are perishable and must be stored, handled, thawed, and prepared safely. You acknowledge and agree that improper handling, thawing, storage, cross-contamination, and/or undercooking may increase the risk of foodborne illness.
To the maximum extent permitted by law, you assume all risk of injury, illness, allergic reaction, or other harm resulting from: (i) improper storage, handling, thawing, or preparation of products after delivery; (ii) failure to follow food safety guidelines; (iii) consumption after the recommended use-by timeframe; (iv) consumption by individuals with allergies, dietary restrictions, or heightened sensitivities; or (v) events outside of PrimeFish Seafood Co.’s reasonable control.
PrimeFish Seafood Co. does not provide medical advice. If you believe you may be experiencing a medical emergency or foodborne illness, seek immediate medical attention and contact local authorities as appropriate.
Nothing in these Terms excludes or limits PrimeFish Seafood Co.’s liability for matters that cannot be excluded or limited under applicable law.
ALLERGENS; CROSS-CONTACT
Seafood, including shellfish, is a known allergen. PrimeFish Seafood Co. products may be processed or packed in facilities that also handle other allergens. You are solely responsible for reviewing product information and determining whether products are safe and suitable for your household and any intended recipient.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, all products, services, and the Site are provided “AS IS” and “AS AVAILABLE,” without any warranties of any kind, whether express, implied, or statutory. PrimeFish Seafood Co. disclaims all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.
LIMITATIONS
In no event will PrimeFish Seafood Co. be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Site or any materials or content available through the Site, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not PrimeFish Seafood Co. has been informed of the possibility of damage.
LIMITATION OF LIABILITY CAP
To the maximum extent permitted by law, PrimeFish Seafood Co.’s total liability for any claim arising out of or relating to any order, product, service, or the Site shall not exceed the amount paid by you for the applicable order giving rise to the claim, or one hundred dollars ($100), whichever is greater.
INDEMNIFICATION
You agree that you will be responsible for your use of the Site, and you agree to defend and indemnify PrimeFish Seafood Co. from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Site; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party.
CHARGEBACKS AND DISPUTES
You agree to contact PrimeFish Seafood Co. customer support prior to initiating any chargeback or payment dispute and to provide PrimeFish Seafood Co. a reasonable opportunity to resolve the issue. Chargeback abuse, fraud, or false claims may result in account termination and may be pursued to the maximum extent permitted by law.
REVIEWS
PrimeFish Seafood Co. may solicit feedback from customers (“reviews”), and may, in its sole discretion, make reviews available for marketing purposes through posting on the Site and/or third-party sites in accordance with the terms governing such websites. PrimeFish Seafood Co. has no obligation to validate reviews for veracity or accuracy or to remove any reviews, and shall have no liability with respect to reviews including the content of such reviews.
SUBSCRIPTIONS AND AUTO-RENEWAL (IF APPLICABLE)
If you purchase a subscription, auto-ship, or recurring delivery program through the Site, you authorize PrimeFish Seafood Co. to charge your payment method on a recurring basis according to the frequency and pricing disclosed at checkout. Subscription pricing, shipping fees, taxes, and product availability may change.
You may cancel or modify your subscription by logging into your account (if available) or by contacting customer support prior to the next billing cutoff disclosed in your subscription terms. If you cancel after your billing cutoff, your next shipment may still process. PrimeFish Seafood Co. may modify or discontinue subscription offerings at any time, subject to applicable law.
INTELLECTUAL PROPERTY
The Site and all content, features, and functionality (including but not limited to trademarks, logos, product names, text, graphics, images, video, audio, software, and design) are owned by PrimeFish Seafood Co. or its licensors and are protected by intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or exploit any portion of the Site or its content without our prior written consent.
FORCE MAJEURE
PrimeFish Seafood Co. shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, weather events, carrier disruptions, supply chain interruptions, labor disputes, governmental actions, or outages.
DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER (OPTIONAL BUT RECOMMENDED)
Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms, your order, products, or the Site shall be resolved by binding arbitration on an individual basis and not in a court of law. You and PrimeFish Seafood Co. waive any right to a jury trial and waive any right to participate in a class action, collective action, or representative proceeding.
Nothing in this provision prevents either party from seeking injunctive relief in court for intellectual property misuse or unauthorized access to the Site.
GOVERNING LAW; VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of Rhode Island, without regard to conflict of law principles. If any dispute is not subject to arbitration (if applicable), you agree that the courts located in Washington County, Rhode Island shall have exclusive jurisdiction, and you consent to personal jurisdiction and venue in such courts.
SEVERABILITY; NO WAIVER; ASSIGNMENT
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision. PrimeFish Seafood Co. may assign these Terms at any time without notice.
SHIPPING POLICY CONTROLS FOR SHIPPING-RELATED MATTERS
In the event of any conflict between these Terms and the PrimeFish Shipping Policy posted on the Site, the PrimeFish Shipping Policy shall govern with respect to shipping, delivery, order changes, cancellations, and quality resolution matters.
ENTIRE AGREEMENT
These Terms contain the entire agreement and understanding among the parties with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof.
By using our services, you agree to PrimeFish Seafood Co. carrying out marketing through email and SMS where permitted by law.
CONTACT INFORMATION
If you have questions about these Terms, please contact:
Prime Fish LLC d/b/a PrimeFish Seafood Co.
Email: contact@getprimefish.com
Address: 121 Ocean State Drive, STE A, North Kingstown, RI 02852