1. Introduction
Welcome to PacificoFresh. These Terms & Conditions (“Terms”) govern all sales of seafood products (“Products”) through PacificoFresh, a division of Agencia Gonver Limitada, a Chilean company with RUT 76.273.711-6, with office at Camino Las Araucarias 6507, C-49 La Florida, Santiago XIII Región Metropolitana, Chile.
By placing an order through PacificoFresh, you (“Customer”) agree to be bound by these Terms. Please read them carefully before placing any order.
PacificoFresh maintains commercial branches in Spain, Norway, Poland, and Romania to support our European operations and logistics network.
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2. Offer and Acceptance
Each order submitted by Customer constitutes an offer to purchase Products. No order shall be binding upon PacificoFresh until accepted. Acceptance occurs when we send written confirmation (including email), receive payment, or ship all or any portion of the Products, whichever occurs first.
We reserve the right to refuse any order in our sole discretion.
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3. Product Descriptions and Availability
We strive to display accurate product descriptions, images, and pricing. However, we do not warrant that product descriptions, images, or other content is accurate, complete, reliable, current, or error-free.
All orders are subject to product availability. If a product is unavailable after you place an order, we will contact you and offer to either substitute the product, cancel the order, or arrange a refund.
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4. Pricing and Payment
All prices are displayed in the currency selected at checkout. Prices may include applicable taxes depending on the shipping destination.
We reserve the right to change prices at any time without notice. However, changes will not affect orders already accepted by us.
Accepted payment methods include credit/debit cards, bank transfers, and other methods displayed at checkout. All payments must be made in full before dispatch unless otherwise agreed in writing.
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5. Inspection and Acceptance
Customer may inspect Products upon delivery. For fresh seafood, inspection must occur within 24 hours of delivery. For frozen seafood, inspection must occur within 72 hours of delivery.
Failure to notify us of any non-conformities or defects within these timeframes shall constitute acceptance of the Products and waiver of rights and remedies in connection with the Products.
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6. Product Warranty (Pacific Guarantee)
PacificoFresh guarantees and warrants that, at the time of delivery to the destination specified in the order, all Products will be:
– Of good quality
– Free from material defects
– Safe for human consumption if properly cooked and stored
This warranty applies unless otherwise specified or agreed in writing.
The warranty does not cover:
– Products that have been improperly stored, handled, or cooked after delivery
– Products that have passed their expiry date
– Damage caused by Customer or third parties after delivery
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7. Limitation of Liability
To the maximum extent permitted by law, PacificoFresh and Agencia Gonver Limitada shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or goodwill, arising from or related to the sale or use of Products.
Our total liability under these Terms shall not exceed the total purchase price paid by Customer for the Products in question.
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8. Indemnification
Customer agrees to indemnify, defend, and hold harmless PacificoFresh, Agencia Gonver Limitada, and their affiliates, officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:
– Customer’s breach of these Terms
– Customer’s improper handling, storage, or use of Products
– Customer’s negligence or willful misconduct
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9. Force Majeure
PacificoFresh shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, embargoes, government actions, natural disasters, supply chain disruptions, or failure of carriers to deliver.
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10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of Chile, without regard to conflict of law principles.
Any dispute arising from these Terms or the sale of Products shall be submitted to the competent courts of Santiago, Chile.
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11. Amendments
We reserve the right to amend these Terms at any time by posting the revised Terms on the PacificoFresh website. The Terms in effect at the time of order acceptance shall govern that order.
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12. Contact Information
For questions regarding these Terms, please contact:
PacificoFresh
Operated by: Agencia Gonver Limitada
Email: info@pacificofresh.com
Sales: sales@pacificofresh.com
Phone: +56 2 25830654
Address: Camino Las Araucarias 6507, C-49 La Florida, Santiago XIII Región Metropolitana, Chile
European Branches: Spain | Norway | Poland | Romania