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. American Fizz Wholesale is a B2B (business to business) wholesaler and may not only be used for business purposes. 

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

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. We endeavour to provide at least 2 months shelf life on all our products, but this is not always possible. Shorter dated products will be highlighted on the product. Due to the nature of importing domestic food products from other countries, the long shipping times (up to 2 months) can mean that products are shorter dated than domestic products in the UK and Europe. We are not able to refund orders for products with best before dates shorter than 1 month from delivery. 

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.

We will inform you if we become aware of an unexpected delay.

We reserve the right to charge a 25% restocking fee on all cancelled, returned or undeliverable orders. All pre orders are subject to a 50% non-refundable deposit. Customers returning items from Europe are liable for all shipping costs incurred.

By agreeing to these terms and conditions, you also agree that you have read and understood the supplementary Delivery Information found at the bottom of each page. The delivery information page contains more rapidly updated delivery information that may affect your order. It is your responsibility to ensure you check this information regularly before placing your order.

Cancellation

Cancellations, returns and refunds are covered in our Returns Policy, which you will find listed at the bottom of the website.

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 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. 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) 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.

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.

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.