See below for our Terms and Conditions
Shipping and Handling Terms
On line orders will only be accepted for delivery in the continental United States. For all other delivery locations please contact us at customer service for assistance in placing your order.
Caviar is a perishable item and will only be shipped via FedEx Priority Overnight.
Shipping and Handling Charges- After an item has been placed in the “shopping cart” shipping and handling charges will be determined and added to the shipping cart.
Order/Delivery Time Lines- Online orders will arrive the next day when placed by 12:00 PM Eastern Time on Monday, Tuesday, Wednesday and Thursday. Online ordered placed on Friday, Saturday and Sunday will be processed on Monday with a Tuesday delivery.
Saturday Delivery- There is an additional charge for a Saturday delivery. Please contact Customer Service to place an order for a Saturday delivery no later than Friday 12:30PM Eastern Time.
As a result FedEx’s policies we can not have packages shipped for delivery on the following holidays and the day after for New Year’s Day, President’s Day, Memorial Day, Independence Day, Thanksgiving and Christmas.
All delivery dates are approximate. Lady Elena Caviar shall not be liable for any damage as a result of any delay or failure to deliver for any reason including, but not limited to, problems with suppliers, any act of God, act of Customer, embargo or other governmental act, regulation or request, fire, flood, accident, sabotage, strike, slowdown or other labor difficulties, war, riot, delay in transportation, or defaults of common carriers. In the event of any such delay, the date of delivery shall be extended for a period of time equal to the time lost because of delay. Customer’s exclusive remedy for Lady Elena Caviar’s inability to deliver for nay reason shall be rescission of this agreement, which Customer may only exercise before Lady Elena Caviar has delivered the product to a carrier at any point of shipment.
Post Office Boxes- We can not ship to PO boxes and APO/FPO addresses.
Refused Shipments- An attempt of delivery that is unsuccessful or is refused due to no fault of
FedEx then the Customer will be required to pay the original shipping charges, the additional return shipping charges and a 50% penalty fee.
Receipt of Damaged Package- Upon receipt, Customer’s package(s) must be inspected immediately. If your package has arrived damaged or tampered, please contact FedEx immediately and contact us at customer service. Please keep all the packing items in the same condition as it was when you received the delivery.
All claims must be made within 24 hours of the FedEx record of delivery time. Any delay in contacting FedEx and customer service will make it more difficult for you to file a successful claim with FedEx. FedEx is responsible for payment of damaged goods.
Credit will not be given if the caviar has been discarded or partially consumed.
Payment Terms- Unless otherwise specified on the face hereof, payment is due upon placing the order.
Returns and Exchanges
All caviar sales are FINAL. Returns will not be accepted.
This is a perishable item and public food safety prevents returned items to be resold and must be discarded.
Within 24 hours upon receipt, the Customer must contact customer service to advise if the
caviar ordered is different than the caviar received. After such time the Customer shall be deemed to have accepted the product and Lady Elena Caviar shall have no obligation to accept return/credit.
Upon emailed advisement from the Customer that the Customer received different caviar than was ordered. Lady Elena Caviar shall have the option, in its sole discretion, of replacing the caviar or providing the Customer with a credit for such product. This agreement and the terms and conditions hereof shall constitute the entire agreement between Lady Elena Caviar and the Customer. No term or provision of this agreement may be amended, waived, discharged or terminated orally, but only by an instrument in writing signed by all parties, except as otherwise expressly provided herein.
No course of dealing and no delay on the part of Lady Elena Caviar in exercising any right, power, or remedy conferred by this agreement shall operate as a waiver thereof or otherwise prejudice Lady Elena Caviar’s rights, powers and remedies. No single partial exercise by Lady Elena Caviar of any rights, powers or remedies conferred by this agreement shall preclude any other or further
exercise thereof or the exercise of any other right, power, or remedy by Lady Elena Caviar.
For any breach of this agreement by Lady Elena Caviar, Lady Elena Caviar shall not be subject to and disclaims any liability for consequential, incidental and contingent damages whatsoever. Without limiting the generality of the foregoing, Lady Elena Caviar specifically disclaims any liability for penalties (including administrative penalties), special or punitive damages for lost profits or business, revenues or goodwill or for any other damage for economic loss.
This agreement and all rights here under shall be construed in accordance with and governed by the laws of the State of New York (without regard to any rules or principles of conflicts of laws that might look to any jurisdiction outside of the State of New York). The parties irrevocably submit to the jurisdiction of any Federal or state court located in New York County, New York, and each party irrevocably agrees that any action may be heard and determined in such Federal or state court. The parties further irrevocably waive to the fullest extent that each may effectively do so, the defense of an inconvenient forum to the maintenance of any action in New York County, New York.
In the event of any dispute arising out of or relating to this transaction (whether suit be brought or not), the unsuccessful party in such dispute shall pay to the successful party all costs and expenses incurred by the successful party, including, without limitation, reasonable attorney’s fees, including costs and attorney.
Disclaimer
We make every effort to ensure that the information on this website is accurate and current; however Lady Elena Caviar provides this web site and its contents on an “as is” basis and it makes no and expressly disclaims all representations or warranties of any kind with respect to this website and its contents. Lady Elena Caviar also reserves the right to change price and availability information without notice. That is, sometimes we make mistakes.
Lady Elena Caviar disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Lady Elena Caviar does not represent or warrant that the information accessible via this site is accurate, complete or current. Except as specifically stated on this site, neither Lady Elena Caviar nor any of its employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.