Terms of Service
Terms of Service
Last Updated: September 27, 2026
These Terms of Service (“Terms”) govern your use of the Topsail Steamer website, online store, and related services (collectively, the “Site”), including any purchases made through the Site.
By visiting our Site, placing an order, purchasing a gift card, submitting information, enrolling in email or text-message communications, or otherwise using our services, you agree to these Terms. If you do not agree to these Terms, please do not use the Site.
Throughout these Terms, “Topsail Steamer,” “we,” “us,” and “our” refer to Topsail Steamer LLC, the operator of the Topsail Steamer online store.
1. Online Store Terms
By using this Site, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you have the consent of a parent or legal guardian.
You may not use our products or services for any unlawful or unauthorized purpose, nor may you violate any applicable laws in connection with your use of the Site.
We reserve the right to refuse service, cancel orders, limit quantities, or restrict access to the Site when reasonably necessary to protect our business, customers, systems, or other users.
2. Products and Availability
We make reasonable efforts to accurately display our products, ingredients, descriptions, photographs, pricing, and availability.
Because many of our products contain fresh and perishable ingredients, availability may change without notice.
We reserve the right to:
- Limit quantities available for purchase
- Discontinue or modify products
- Substitute an ingredient when reasonably necessary due to availability
- Correct pricing, product descriptions, or other errors
- Cancel an order when a product becomes unavailable
If a material substitution is necessary, we will make reasonable efforts to provide a comparable replacement.
3. Orders and Acceptance
Submitting an order does not guarantee acceptance of that order.
We may decline or cancel an order for reasons including:
- Product unavailability
- Incorrect pricing or product information
- Suspected fraud or unauthorized activity
- Payment authorization issues
- Shipping restrictions
- Delivery limitations
- Errors in the shipping address or order information
If we cancel an order after payment has been collected, we will refund the applicable amount to the original payment method.
You are responsible for providing accurate billing, shipping, contact, and payment information.
4. Pricing and Payment
All prices are shown in U.S. dollars unless otherwise stated.
Applicable taxes, shipping fees, optional protection or guarantee charges, and other fees will be displayed during checkout when applicable.
Prices and promotions may change without notice.
By submitting an order, you authorize us and our payment processors to charge the payment method you provide for the full amount of your purchase.
Promotional offers, discount codes, and other discounts may be subject to additional terms and may not be combined unless expressly stated.
5. Shipping and Delivery
Topsail Steamer products are perishable and require expedited handling.
Our current shipping practices, including delivery areas, shipping methods, order cutoffs, delivery timing, and procedures for delayed or damaged shipments, are described in our Shipping & Fresh Arrival Guarantee policy.
You are responsible for providing a complete and accurate delivery address.
We are not responsible for delivery problems caused by:
- Incorrect or incomplete shipping information
- Refused deliveries
- Inaccessible delivery locations
- Customer-requested carrier holds
- Failure to retrieve a delivered package in a timely manner
- Circumstances otherwise excluded under our Shipping & Fresh Arrival Guarantee
Delivery dates are estimates and may be affected by weather, carrier disruptions, natural disasters, transportation interruptions, or other circumstances outside our reasonable control.
6. Perishable Products and Food Safety
Our seafood and other perishable products are packed and shipped using methods designed to keep them cold during transit.
Upon delivery, you are responsible for promptly inspecting, refrigerating, freezing, preparing, and storing products appropriately.
If a product arrives warm, spoiled, damaged, leaking, or otherwise appears unsafe to consume, do not cook or eat it. Photograph the product and packaging and contact us promptly in accordance with our Shipping & Fresh Arrival Guarantee.
Customers are responsible for following proper food-handling and cooking practices.
7. Allergies and Dietary Restrictions
Our products may contain or come into contact with common allergens, including but not limited to:
- Shellfish
- Fish
- Dairy
- Wheat
- Soy
- Eggs
- Other food allergens
Customers with allergies, sensitivities, dietary restrictions, or medical conditions are responsible for reviewing available ingredient information before purchasing or consuming our products.
Because products may be prepared, packaged, or handled in environments where allergens are present, we cannot guarantee that any product is completely free from cross-contact with allergens unless expressly stated.
8. Fresh Arrival Guarantee
Certain orders may be eligible for our optional Fresh Arrival Guarantee.
Coverage, exclusions, claim deadlines, documentation requirements, and available remedies are governed by the Shipping & Fresh Arrival Guarantee policy displayed on our Site.
Where applicable, customers must follow the claim procedures described in that policy, including providing photographs and submitting the claim within the required timeframe.
The Fresh Arrival Guarantee is subject to the specific terms in effect at the time of purchase.
9. Returns and Refunds
Because Topsail Steamer sells fresh and perishable food products, we generally cannot accept physical returns of food products.
Refunds, replacements, store credits, and other remedies are evaluated according to the circumstances of the order and our applicable Refund Policy, Shipping & Fresh Arrival Guarantee, and any other policies displayed on the Site.
Approved refunds are generally issued to the original form of payment.
Processing times may vary depending on your bank or payment provider.
Our current Refund Policy is incorporated into these Terms by reference.
The current Terms already establish that physical returns generally cannot be accepted for perishable products and that remedies depend on the applicable shipping and guarantee policies; this update makes the standalone Refund Policy expressly part of the Terms.
10. Gift Cards
Topsail Steamer gift cards may be used toward eligible purchases through the Topsail Steamer store.
Unless otherwise required by law:
- Gift cards are not redeemable for cash
- Gift cards cannot be used to purchase other gift cards
- Lost, stolen, or unauthorized gift cards may not be replaceable
- Gift cards may not be resold or used for unauthorized commercial purposes
- Gift card balances are subject to any applicable legal requirements
Gift cards may be subject to separate terms displayed at the time of purchase.
11. Corporate Gifting
Corporate and bulk gifting orders may be subject to separate pricing, payment, fulfillment, shipping, customization, and cancellation terms.
If Topsail Steamer provides a separate written proposal, invoice, order form, or agreement for a corporate order, those terms will control to the extent they conflict with these Terms.
12. Promotions and Discount Codes
Promotions, discount codes, referral offers, free gifts, and other special offers may be subject to specific eligibility requirements and expiration dates.
We reserve the right to modify, suspend, cancel, or refuse a promotion in cases of error, misuse, fraud, or abuse.
Unless otherwise stated, promotions have no cash value.
13. Intellectual Property
All content on the Site, including trademarks, logos, product names, photographs, graphics, designs, text, videos, recipes, advertising materials, and website content, is owned by or licensed to Topsail Steamer and is protected by applicable intellectual-property laws.
You may use the Site only for personal, non-commercial purposes unless we provide written permission otherwise.
You may not reproduce, copy, distribute, modify, republish, sell, or commercially exploit our content without authorization.
14. User Content and Reviews
If you submit a review, photograph, testimonial, comment, or other content to us, you represent that you have the right to provide that content.
You may not submit content that is unlawful, defamatory, misleading, infringing, abusive, obscene, or otherwise inappropriate.
To the extent permitted by law, by submitting content to us you grant Topsail Steamer a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, adapt, and promote that content in connection with our business and marketing.
15. Third-Party Services
Our Site may use or link to third-party services, including payment processors, shipping carriers, ecommerce technology providers, analytics providers, advertising platforms, marketing providers, and other vendors.
Your use of third-party services may be subject to their own terms and privacy policies.
We are not responsible for the availability, content, security, or practices of unaffiliated third-party websites or services.
16. Shopify
Our online store is hosted using Shopify.
Shopify provides the ecommerce platform that allows us to offer products and services to customers. Your use of certain Shopify-supported features may also be subject to Shopify's applicable terms and policies.
17. Prohibited Uses
You may not use the Site:
- For unlawful purposes
- To solicit or participate in unlawful activity
- To violate intellectual-property rights
- To transmit malware or malicious code
- To interfere with the security or operation of the Site
- To scrape, harvest, or collect information without authorization
- To impersonate another person
- To submit false or fraudulent orders
- To misuse promotional codes, gift cards, refunds, or claims processes
- To attempt unauthorized access to accounts, systems, or data
We may terminate or restrict access for violations of these Terms.
18. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Site and our services are provided on an “as is” and “as available” basis except for any express guarantees we specifically provide.
We do not guarantee that the Site will always be uninterrupted, error-free, secure, or available.
Nothing in this section limits any express Fresh Arrival Guarantee or other written commitment provided by Topsail Steamer.
19. Limitation of Liability
To the fullest extent permitted by law, Topsail Steamer and its owners, employees, affiliates, contractors, service providers, and agents will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages arising from your use of the Site, products, or services.
To the fullest extent permitted by law, our aggregate liability relating to a particular order will not exceed the amount you paid to Topsail Steamer for that order.
Nothing in these Terms limits liability where limitation or exclusion is prohibited by applicable law.
20. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Topsail Steamer and its affiliates, officers, employees, agents, contractors, licensors, and service providers from claims, liabilities, losses, damages, and expenses arising from your violation of these Terms, misuse of the Site, or violation of applicable law or third-party rights.
21. Privacy
Our collection, use, disclosure, and handling of personal information is governed by our Privacy Policy.
By using the Site, you acknowledge that you have reviewed our Privacy Policy.
Our Privacy Policy also describes certain advertising, analytics, customer-matching, privacy-choice, and state consumer-rights practices that may apply when you interact with the Site.
22. Electronic Communications
By providing your email address, telephone number, or other contact information in connection with an order or your use of the Site, you agree that we may send transactional or service-related communications reasonably necessary to administer your relationship with Topsail Steamer.
These communications may include:
- Order confirmations
- Payment notifications
- Shipping updates
- Tracking information
- Delivery notifications
- Customer-service communications
- Security or fraud-related notices
- Gift-card or corporate-order communications
- Other non-marketing communications related to your transaction or use of our services
Transactional or service-related communications may be sent even if you have opted out of marketing communications, where permitted by applicable law.
Marketing emails and marketing text messages are subject to the consent disclosures presented when you subscribe and the additional terms below.
The existing Terms already distinguish transactional order communications from marketing emails and text messages; this section expands that framework without changing its basic approach.
23. SMS and Text Messaging Terms
If you elect to receive text messages from Topsail Steamer, you consent to receive recurring SMS and/or MMS messages from or on behalf of Topsail Steamer at the telephone number you provide.
Messages may include promotional offers, product announcements, reminders, abandoned-cart or abandoned-checkout messages, customer-service communications, order-related communications, and other messages consistent with the program for which you enrolled.
Consent
By opting in to receive marketing text messages, you authorize Topsail Steamer and its service providers to send marketing and promotional text messages to the telephone number you provide, including messages that may be sent using automated technology where permitted by law.
Consent to receive marketing text messages is not a condition of purchasing any goods or services.
You represent that you are the subscriber or customary user of the mobile number you provide and that you are authorized to consent to receive messages at that number.
Message Frequency
Message frequency varies based on your interactions with Topsail Steamer, the messaging program you join, your orders, promotions, and other relevant activity.
You may receive multiple messages in connection with a particular order, promotion, abandoned checkout, or customer-service interaction.
Message and Data Rates
Message and data rates may apply.
Your wireless carrier's standard messaging, data, and other charges may apply to messages sent or received in connection with Topsail Steamer's text messaging programs.
Topsail Steamer does not charge a separate fee for receiving marketing messages, but your wireless provider may.
How to Opt Out
You may opt out of marketing text messages at any time by replying STOP to a marketing message.
After you submit an opt-out request, you may receive a final confirmation message confirming that you have been unsubscribed.
We will honor qualifying opt-out requests as required by applicable law.
Opting out of marketing messages does not necessarily prevent Topsail Steamer from sending non-marketing transactional messages that are necessary to complete or administer an order or service you requested, where permitted by applicable law.
Help
For assistance with our text messaging program, reply HELP to a message or contact us at:
Supported Carriers and Carrier Responsibility
Text messaging services are provided through participating wireless carriers and messaging providers.
Wireless carriers are not responsible for delayed or undelivered messages.
Message delivery is subject to effective transmission by your wireless provider and is outside Topsail Steamer's complete control.
Topsail Steamer does not guarantee that text messages will be delivered, received, or delivered within a particular period of time.
Changing Your Mobile Number
If you discontinue or transfer the mobile telephone number you used to enroll in Topsail Steamer text messaging, you agree to opt out before discontinuing use of the number when reasonably possible.
This helps prevent messages intended for you from being sent to a subsequent user of that telephone number.
Privacy
Information collected through our text messaging programs is handled in accordance with our Privacy Policy.
We may use service providers to deliver or administer text messages on our behalf.
We do not authorize those service providers to use your information for purposes unrelated to providing services to Topsail Steamer except as otherwise permitted by law or disclosed in our Privacy Policy.
Program Changes or Termination
We may modify, suspend, or discontinue a text messaging program at any time, subject to applicable law.
We may also change the telephone number, short code, sending number, or technology used to operate the program.
24. Errors and Omissions
Information on the Site may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, shipping charges, availability, or other information.
We reserve the right to correct errors, update information, or cancel affected orders when appropriate.
25. Force Majeure
We are not responsible for delays or failures caused by circumstances beyond our reasonable control, including severe weather, natural disasters, carrier disruptions, labor disputes, power outages, transportation interruptions, government actions, emergencies, or similar events.
This provision does not eliminate any remedy expressly provided under our Fresh Arrival Guarantee.
26. Governing Law and Disputes
These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles, except where applicable consumer-protection laws require otherwise.
Any dispute arising from these Terms, your purchase of products, or your use of the Site will be handled in accordance with applicable law.
No arbitration provision or class-action waiver is included in these Terms at this time.
If Topsail Steamer later adopts an arbitration provision, class-action waiver, or other alternative dispute-resolution procedure, any such provision will be included in an updated version of these Terms and implemented subject to applicable law.
Your current agreement likewise contains North Carolina governing-law language but no arbitration clause or class-action waiver, so this keeps the status quo while making the point clearer for counsel review.
27. Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.
28. Changes to These Terms
We may update these Terms from time to time to reflect changes to our business, services, policies, technology, or applicable legal requirements.
The current version will be posted on this page with the “Last Updated” date shown above.
Your continued use of the Site after updated Terms are posted constitutes acceptance of those updated Terms to the extent permitted by law.
Where required by applicable law, we may provide additional notice of material changes.
29. Contact Us
Questions about these Terms of Service can be sent to:
Topsail Steamer LLC
29 Sandy Lane, Surf City, NC 28445
Email: info@topsailsteamer.com
Website: shop.topsailsteamer.com