Terms & Conditions

Welcome to American Fizz website and mobile applications (together the "Websites and Apps"). This page (together with the documents referred to on it) tells you the terms and conditions on which American Fizz supply any of the products (the "Products") listed on the Websites and Apps to you. Please read these terms and conditions carefully before ordering any Products from the Websites and Apps. By accessing the Websites and Apps and placing an order, or by visiting a Store and placing an order, you agree to be bound by these terms and conditions and the Terms of Use policy set out in the Websites and Apps. 

Our company information is:

If you have any questions about these terms and conditions, please submit a support ticket in the American Fizz Customer Care Portal before placing your order.

If you do not accept these terms and conditions, please exit the Websites and Apps and do not place an order.

This website is intended for retail customers. This website is not intended for wholesale customers. If you wish to purchase products in wholesale quantities, please visit https://www.americanfizzwholesale.co.uk. We reserve the right to cancel and refund orders that we believe may be for wholesale use.

Heat Damaged Items

Please note that in summer months there is some risk that chocolate or other heat-sensitive candies will arrive melted. Unfortunately, we cannot control the temperature and conditions the products are exposed to once they leave our fulfilment centre. Delivery trucks can get very hot in the summer months and chocolate is bound to melt. These items will return to their normal state if they are allowed to cool or placed in the fridge. We do not consider these items defective or damaged and our returns policy does not apply to them.

American Fizz offers FREE mainland UK* delivery on orders over £50.00 (excluding VAT). We will send your order via FedEx or DPD on a next working day service (delivery will be the next working day after dispatch). Our free delivery offer covers 1 parcel up to 25kg in weight. If your order is so large that it has to be packed into multiple parcels, we may ask you to pay up to £5.50 per additional parcel.

*Mainland UK is defined as England, Scotland and Wales, excluding Scottish Highlands & Islands, Northern Ireland, Channel Islands, Isle of Man, Scilly Isles).

Privacy

The use of your personal information is covered by the American Fizz Privacy Policy, listed at the bottom of our website.

Purpose

The purpose of the Websites and Apps is to provide a simple and convenient service to our customer, allowing them to browse and order online.

Your Status

By placing an order through the Websites and Apps, you warrant that you are legally capable of entering into binding contracts.

Our status

We may provide links on the Websites and Apps to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that any products you purchase from third party sellers through the Websites and Apps, or from companies to whose website we have provided a link on the Websites and Apps, will be of satisfactory quality, and any such warranties are disclaimed by American Fizz absolutely. This disclaimer does not affect your statutory rights against the other third party seller.

Orders via the Websites and Apps

After placing an online order via the Websites and Apps, you will be presented with a screen thanking you for your order and confirming your order has been received and accepted by the American Fizz.

The contract will be between you and American Fizz and will only be formed when you have been presented with the Confirmation Screen or have paid for your goods.

Where you have placed an order online, you should also receive a confirmation email. Please make sure the email address you provide is correct and your mailbox is in proper working order, as all correspondence regarding your order is sent to this address.

Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address (including postcode), email address and contact telephone number when ordering.

Products

All Products are subject to availability when purchased via our Websites and Apps.

Availability and Delivery

Our goal is to provide the best delivery service in the market which includes maintaining our excellent reputation for on-time delivery. Unfortunately, things do not always go to plan and factors, such as weather and traffic conditions, may occasionally prevent us from achieving this.

We will do our best to fulfil your order in accordance with the delivery date and time set out in the confirmation email or within a reasonable time from the time the confirmation email was sent taking into account the volume of orders and circumstances facing American Fizz at the time.

Returned Orders

If an order is returned to us as a result of a customer not being available to their receive their parcel on the delivery date or subsequently not making arrangements to have their parcel redelivered or collected and it exceeds the courier's retention period, the customer will be liable for the initial cost of delivery including any fees charged to us by the courier for the return of the parcel (DPD charge £6.98 to return any UK or International parcel). In this scenario, once your order has been delivered back to us, we will get in contact with you to offer either a refund of your order, minus the initial cost of delivery and any return to sender fees incurred, or re-dispatch your order at the cost of the delivery charge plus any return to sender fees incurred.

Cancellation

Cancellations, returns and refunds are covered in our Returns Policy, which you will find listed at the bottom of the website. American Fizz reserves the right to cancel any order, or revoke any coupon code, before or after the transaction has completed. In the event of a cancellation on our part, we will provide a full refund for the order. American Fizz is a retail-only website and provides products directly to the end-user. We reserve the right to cancel any order we believe to be made for wholesale purposes (i.e, you are purchasing the products to resell elsewhere).

Price and Payment

The price of any Products will be as quoted on our Websites and Apps and may vary from time to time, except in cases of obvious error. Prices include VAT.

Prices are liable to change at any time, but changes will not affect orders placed that you have already paid for or where you have already checked-out and been presented with the Confirmation Screen in an online order (unless, due to a technical error, you have been overcharged or undercharged for some reason). Despite our best efforts, some of the Products listed on our Websites and Apps may be incorrectly priced (either due to human or technical error).

Payment for all Products can be by credit or debit card at the point of ordering or by PayPal. We accept payment via Maestro, Visa Delta, Visa and MasterCard. Valid vouchers may be applied to your order before payment. You may not use more than 1 voucher per transaction. We will charge your credit or debit card at the point of order.

Should you choose to pay by credit or debit card via the Websites and Apps, once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to the payment processor (SagePay or PayPal) and is subsequently passed on by the payment processor to American Fizz

Our Liability

If American Fizz fails to comply with these terms and conditions we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, up to the amount of the purchase price paid by you for the Products you ordered. However, are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you purchased from the Websites and Apps.

We only supply the Products for domestic, private and business use. You agree not to use any Product for any commercial or re-sale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Termination

We reserve the right to decline a new registration, terminate your right to link to the Websites and Apps under these terms and conditions. If we consider there to be a risk of liability or loss to us or American Fizz we may take any action deemed necessary to prevent such a liability or loss from occurring. American Fizz may also, in certain circumstances, ask you not to return to its Store and/or place any further orders.

If we terminate your right to link to the Websites and Apps you must cease linking to the Websites and Apps immediately. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.

Written Confirmation

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Websites and Apps, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Websites and Apps. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (a "Force Majeure Event").

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

a.) strikes, lock-outs or other industrial action;

b.) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

c.) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

d.) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

e.) impossibility of the use of public or private telecommunications networks;

f.) the acts, decrees, legislation, regulations or restrictions of any government; or

g.) non-performance by suppliers or subcontractors.

Errors and omissions excepted

Due to the fast nature of the food and groceries industry we cannot be held responsible for small inaccuracies and negligible variations in product descriptions and images. This includes images that vary in appearance, shape or colour to the image displayed or any form of description with negligible inaccuracies in descriptions, spellings, serving sizes or weights.

American Fizz determines "negligible" to mean:

a.) in regards to descriptions: slight typographical mistakes or missing words that would otherwise be assumed.

b.) in regards to images: different packaging such as new and updated packaging, different colours, variation in logos, offers and layouts.

c.) in regards to weights: up to 10% deviation to the weight listed and the weight provided.

This is due to the fact that manufacturers regularly adjust elements of their products including descriptions, ingredients, weights, packaging and serving sizes without the knowledge of independent retailers like American Fizz.

American Fizz is not responsible for any inaccurate ingredients or nutritional informations displayed on our website. This information is provided for your convenience and cannot be guaranteed to be accurate. You must always check product packaging before consuming a product, especially when you may be allergic to its contents.

Waiver

If American Fizz fails, at any time during the term of a contract, to insist upon strict performance of any of your obligations under any contract or any of these terms and conditions, or if American Fizz fails to exercise any of the rights or remedies to which it is entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by American Fizz of any default shall not constitute a waiver of any subsequent default.

No waiver by American Fizz of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing (email correspondence will be permitted).

Severability

If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

Our right to vary these terms and conditions

American Fizz has the right to revise and amend these terms and conditions from time to time. Any changes we make to these terms and conditions will be posted on this page. You will be subject to the policies and terms and conditions in force at the time that you order Product(s) from American Fizz, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.

Third Party Rights

No one other than a party to these terms and conditions shall have any right to enforce any of its terms and conditions.

Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.