Terms & Conditions

Welcome to American Sweets Online. These conditions (“Conditions”) apply to the services available from www.americansweetsonline.co.uk (the “website”).
Please read these Conditions carefully before using www.americansweetsonline.co.uk. By using www.americansweetsonline.co.uk, you signify your agreement to be bound by these Conditions. Use of any of the services available from American Sweets Online will be subject to these conditions.
Conditions relating to your use of www.americansweetsonline.co.uk

1. Using www.americansweetsonline.co.uk
Registration to become a American Sweets Online customer is free. You will need to register in order to take advantage of the services available on the website. You do not need to register in order to browse and view products.  Customers will need to accept these Conditions of Use and Sale before buying products available on the website.
We will make our services available to you as soon as you accept these conditions. Unless you and American Sweets Online agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 once the supply of the services has commenced.

You may not use the website and services if you are under the age of 18 or you are not able to form legally binding contracts or if your American Sweets Online membership has been suspended.

Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

2. Your Profile
If you use the website, you are responsible for maintaining the confidentiality of your profile and password and for restricting access to your computer to prevent unauthorised access. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality.

You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

You agree to immediately notify American Sweets Online of any unauthorised use of your password or any breach of security. You also agree that American Sweets Online cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

You must keep the contact details you supply to us in your profile information up-to-date and accurate at all times, including a valid email address. Please ensure that the contact details you provide us with are correct and complete and inform us immediately of any changes.

We reserve the right to refuse access to the website, terminate accounts, remove or edit content or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

3. Privacy
We comply with the provisions of the Data Protection Act and consider the protection of your personal information to be essential.  We do not sell or rent your personal information to third parties.
For a complete description of how we collect, use and protect your personal information, see our Privacy Policy, which forms part of these Conditions.

4. Access to www.americansweetsonline.co.uk
We cannot guarantee continuous or secure access to our services, and operation of the website may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

5. Licence for website access
American Sweets Online grants you a limited licence to access and make use of www.americansweetsonline.co.uk, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of American Sweets Online.
This licence does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

The website or any portion of the website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of American Sweets Online and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising American Sweets Online's or its affiliates' names or trademarks without the express written consent of American Sweets Online. Any unauthorised use terminates the permission or license granted by American Sweets Online.

You are granted a limited, revocable and non-exclusive right to create a hyperlink to the Home page of American Sweets Online provided that the link does not portray American Sweets Online or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any American Sweets Online logo or other proprietary graphic or trademark as part of the link without our express written consent.

6. Reviews, comment, blog and other content
Users of the website may post reviews, comments and other content, send communications and submit suggestions, ideas, questions, or other information provided that such content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable.
You expressly agree to use such services only to submit comments that are appropriate.

American Sweets Online does not edit or control the comments posted to or distributed on the website and will not be in any way responsible or liable for such comments. American Sweets Online nevertheless reserves the right (but not the obligation) for any reason in its sole discretion to remove or edit without notice any comments and/or website content.

The following is a non-exhaustive list of the kind of comments that are prohibited on the website. American Sweets Online reserves the right to amend this list at any time and to investigate and take appropriate legal action in its sole discretion against anyone who infringes this provision, including without limitation, removing the offending communication from the service and terminating the right to use the website. It includes comments that:
•    are offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
•    harass or advocate harassment of another person;
•    are defamatory or libellous;
•    promote information that you know is false, misleading or promotes illegal activities or promotes conduct, or that is abusive, threatening, or obscene;
•    promote an illegal or unauthorised copy of another person's copyrighted work;
•    contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
•    infringe someone's privacy, or provide or create computer viruses;
•    constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or would otherwise be contrary to the law or infringe the rights of any third party.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to www.americansweetsonline.co.uk: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable American Sweets Online policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
You agree not to post or distribute any information or material that is copyrighted by any third party without the express written consent of such party.

We might like to use your text-based content for advertising and promotional purposes without the need to request your permission at the time.  When you give us text-based content (in the form of but not limited to comments, reviews, participation in blogs), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity, trade marks, database rights and intellectual property rights you have in the text-based content, to be copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes by others without your permission. You agree to waive your right to be identified as the author of such text-based content for the purposes of advertising and promotion only.
You agree to indemnify and hold harmless American Sweets Online from any claim arising out of or relating to your infringement of this Section 6.

7. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You must use the website for lawful purposes only.

While using American Sweets Online, you will not:
•    copy, reproduce, modify, create derivative works or distribute content from our website and American Sweets Online's copyrights and trademarks;
•    breach any laws, or otherwise infringe the copyright, trade mark, privacy or other rights of third parties;
•    use the website for fraudulent purposes, or in connection with a criminal offence or other unlawful activities
•    breach our policies;
•    distribute viruses or any other technologies that may harm American Sweets Online, or the interests or property of American Sweets Online users;
•    harvest or otherwise collect information about Community Members, including email addresses, without their consent
•    or cause annoyance, inconvenience or needless anxiety
You agree that American Sweets Online is a platform and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, or outside parties on American Sweets Online. You use the American Sweets Online service at your own risk.

8. Contact Information
User identity is an essential part of the American Sweets Online. We treat our members’ identities with the utmost importance and expect our members to do the same.
•    Members must not misrepresent their identities.
•    Members must always provide valid and complete contact information. Falsifying or omitting contact information such as your name, address, and/or telephone number when registering is not permitted. It is also not permitted to use fax or disconnected numbers as a telephone number.
•    A member must always have a valid email address.
•    American Sweets Online buyers must be at least 18 years old.
•    Usernames may not be profane, obscene, or violate any American Sweets Online guidelines.
If you are registering with American Sweets Online as a business entity or educational institution, you represent that you have the authority to legally bind that entity and will provide proof of such authority at our request.
You may not transfer or sell your American Sweets Online account and Username to another party.

9. Buying on American Sweets Online
American Sweets Online acts as an online platform to allow website users to buy confectionery and food products offered for sale by American Sweets Online.
We make efforts to offer reliable data when providing descriptions of the products available on www.americansweetsonline.co.uk and any other services we offer. However we cannot promise that the data will always be accurate and up-to-date. We cannot guarantee that any product is available for sale although we will endeavour to remove any product from the website which is no longer available or to mark it as sold or no longer available.
All sales are binding. Prices stated are in GB pounds sterling and, where relevant, are inclusive of VAT.  In most cases, we make sales pursuant to the Margin Scheme and therefore the sales are exempt from VAT.
The buyer is obliged to make payment for products purchased.  If you purchase products through the website, you are responsible for paying all charges, fees and applicable taxes associated with using our website and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. You agree that we may issue you with invoices in electronic format by email.
For mainland UK addresses, shipping and delivery of original will be provided by Royal Mail or an alternative third party, depending on the quantity and size of the order. Costs of and arrangements for delivery and shipping to addresses outside of mainland UK can be obtained by contacting [email protected]
All deliveries require a signature.  Where Royal Mail or transportation service is, through no fault of their own, unable to deliver artwork to the buyer and is required to take the products into storage or to rearrange delivery, we reserve the right to recover any storage and additional delivery costs from you.

10. Buying gift vouchers on American Sweets Online
American Sweets Online offers a gift voucher service where a buyer can buy vouchers of different amounts in GB pounds sterling.  The gift vouchers can then be transferred to a recipient who can spend them on any item offered for sale on American Sweets Online’s website or made available to purchase through American Sweets Online.
The recipient of gift vouchers can select product(s) whose sale price are more than the value of the gift vouchers and pay the difference.
However where the recipient selects product(s) whose value is lower than that of the gift vouchers, American Sweets Online is unable to give any refund of the difference in value either to the buyer or the recipient of the gift voucher.
American Sweets Online reserves the right to refuse to accept vouchers more than two years after the date of issue.

11. Customs
When ordering goods from American Sweets Online for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

12. Liability
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will not hold American Sweets Online responsible for any loss you may incur as a result of American Sweets Online taking any of the actions described.
We shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of the website and services. In particular, we shall not be responsible for any consequential or indirect losses.

13. Notices
Except as explicitly stated otherwise, legal notices shall be served by registered mail to American Sweets Online Limited at our registered office address.  We shall send notices to you by email to the email address you provide to American Sweets Online during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address you provide during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of posting.

14. Third party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

15. Resolution of disputes
If a dispute arises between you and American Sweets Online, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

16. Governing law and jurisdiction
These conditions shall be governed and construed in all respects by the laws of England and Wales. You and American Sweets Online both agree to submit to the exclusive jurisdiction of the English Courts. For claims falling within the jurisdiction of a County Court, you and American Sweets Online both agree to submit to the jurisdiction of the Barnet County Court.

17. General
If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

We may change these conditions at any time by publishing a new version on www.americansweetsonline.co.uk. Your use of www.americansweetsonline.co.uk will from that point on be governed by the new version.

We reserve the right to make changes to the website policies. You will be subject to the policies and conditions of use and sale in force at the time that you use the website.

Section headings are for reference purposes only and do not limit the scope or extent of such section.

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.