Terms and Conditions

Introduction

Welcome to DylansCandyBar.com. This site is provided by Dylan’s Candy Bar, LLC (referred to throughout this site as "DYLANSCANDYBAR.COM") as a service to our customers. Please review the following basic rules that govern your use of the website. Please note that your use of the DylansCandyBar.com site (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass Terms of Use, your use of this Site still binds you to these Terms of Use. Dylan’s Candy Bar reserves the right to update or modify these Terms of Use at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Site.

Use of this Site

By accepting these Terms of Use through your use of the Site, you certify that you are at least 18 years of age or the age of majority where you live. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you do not agree to (or cannot comply with) any of these Terms of Use, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

All materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of DYLANSCANDYBAR.COM or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. DYLANSCANDYBAR.COM, the Dylan’s Candy Bar logo and the Dylan’s Candy Bar Stripe, are all trademarks of Dylan’s Candy Bar, LLC.

Our Site and affiliate sites are not directed to children under the age of 13, and we will never request personally identifiable information from anyone whom we know to be under the age of 13 without verifiable parental consent. If we become aware that a customer is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files. You agree to use the Site and any service at your sole risk and that Dylan’s Candy Bar and its affiliates shall have no liability to you for Content that may be deemed inappropriate, indecent, or objectionable.

Site Security

DYLANSCANDYBAR.COM utilizes the latest in secure site technology. In accordance with standard informational database and online practices, all personal data that is transmitted during the process of a transaction is done via the latest in PCI Compliant servers, processes and systems. All information that is transmitted is encrypted and processed through secure servers which are regularly tested for security and stability. DYLANSCANDYBAR.COM strives to protect your confidential information and will take all steps to ensure it remains secure.

Users are prohibited from violating or attempting to violate the security of the Site or exceeding their permitted access to the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Dylan’s Candy Bar, LLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site, automate what are otherwise manual processes or to catalog any information on this site for anything other than personal use.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We always make every effort to deliver to you the exact item that you purchased. However, at times items are lost or stolen, damaged or recalled by a manufacturer. If for any reason we are unable to deliver to you the item(s) you have purchased, while we may assist you in trying to find another comparable item, you agree that your sole and exclusive remedy, and our sole obligation, is to provide you with a refund of the money paid for such item.

We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Allergen Information

DYLANSCANDYBAR.COM provides edible food products which may or may not contain certain allergens. In accordance with New York State and Federal Laws, all edible products will contain required labeling, packaging and include a full list of ingredients and nutritional values as governed by applicable law. In addition, DYLANSCANDYBAR.COM will do our best to notate any and all possible allergens on the individual product pages of all edible products. It is the responsibility of the customer and/or end user to read any and all nutritional content, labels and allergen information before use. DYLANSCANDYBAR.COM shall not be held responsible, directly or indirectly, for any injury, death or adverse reactions from use of any DYLANSCANDYBAR.COM product. You agree to defend, indemnify and hold harmless DYLANSCANDYBAR.COM and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to the use of our products. You agree that you are responsible in determining whether or not any such products are suitable for consumption and you release Dylan’s Candy Bar, LLC from any liable for the use of such products.

Pricing Information

While DYLANSCANDYBAR.COM strives to provide accurate product and pricing information, pricing or typographical errors may occur. DYLANSCANDYBAR.COM cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, DYLANSCANDYBAR.COM shall have the right, at our sole discretion, to refuse, cancel or honor any orders placed for that item. In the event that an item is mispriced, DYLANSCANDYBAR.COM may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We strive to provide you with the best prices possible on DYLANSCANDYBAR.COM. Prices and availability are subject to change without notice.

Sharing Information with Third Parties

DYLANSCANDYBAR.COM does not rent, sell or trade your information with third party companies. Any personal information gathered online, such as email addresses or other personal information collected as part of an online survey or other specific details about you are strictly used to fulfill orders and provide you with relevant products and promotions that we feel may interest you. The site does not contribute to or participate in cooperative databases, which give other companies access to such Personal Information.

The Personal Information and Aggregate Information collected at our Stores may be shared internally within the DYLANSCANDYBAR.COM database. DYLANSCANDYBAR.COM may only share personal information if such action is required for Dylan’s Candy Bar, LLC or any of our service providers or consultants to comply with any valid legal process, such as a subpoena, search warrant, statute or court order, or any valid administrative request from a law enforcement agency. In addition, we may divulge Personal Information if we or any of our service providers believes that such disclosure is necessary to address any unlawful acts or acts that may endanger the health or safety of another customer or the general public.

Promotions & Promotional Rules And Conditions

DYLANSCANDYBAR.COM regularly features special sales, savings, promotions and incentives. Promotions are by default, limited to one of any/each offer available, per person, or as specified in the specific terms expressly stated as a part of the aforementioned promotion. DYLANSCANDYBAR.COM’s web site may initially accept an order which violates these terms or conditions. In these cases, and at DYLANSCANDYBAR.COM’s sole discretion, we reserve the right to limit, modify or cancel any order(s) or transaction(s) which purposely or accidentally violates the aforementioned terms of promotional participation. Any order containing a promotional code or discount code on any item which is already on sale is expressly prohibited and will be subject to cancellation at the sole discretion of Dylan’s Candy Bar.

Colors

We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be perfectly accurate.

How We Collect And Use Information Collected by Us

Dylan’s Candy Bar, LLC may collect two types of information about users: "Personal Information" (such as name, email address, mailing address, phone number, birthday, credit card number and the items you purchase) and "Aggregate Information" (such as information about how many users log on to our Site on a daily basis or frequency of customer visits to our Stores).

We use customer information in an effort to improve your shopping experience and to communicate with you about our products, services, promotions and contests. We may also use this information to make offers to you, to help us target specific products and services to you, and to help us develop and improve our Site and Stores and tailor our Site and Stores to your interests.

Personal Information Collected Online through the Website and at Our Retail Stores

Personal Information is collected online by us or our service providers on our behalf when users voluntarily register with the Site to purchase items, receive electronic newsletters, use community and communication services, answer surveys and enter contests and other promotional opportunities provided on the Site, when users make a purchase, and when users utilize the "Email to a Friend" feature. We also maintain a record of your product interests and purchases online. We may receive personal usage and demographic information from our Stores and from third parties we work with. For online purchases, Personal Information may be collected from you in three different ways, including the following:

  • When you purchase a product(s) online, we will collect your name, billing and shipping address, email address, telephone number(s) and any gift messaging or instructions.
  • All billing, transactional and payment related data is encrypted, secured and transmitted on separate servers which meet industry PCI Compliance standards for encryption in order to securely and seamlessly process your transaction.
  • We collect transaction information related to your purchase (such as what you bought, the price you paid and if the product was on sale, how many items were bought, how many orders you’ve placed etc.). This information allow us to tailor your online experience, and our offers, to only show you the most relevant and exciting products, promotions and services which we feel may interest you.
  • When you fill out any online or in-store marketing or promotional surveys, we may gather certain Personal Information, such as your opinions on specific products and/or services. In some cases and on some surveys, we may request additional information, such as your name, address, birthday, telephone number & e-mail address.
Aggregate Information Collected both Online and in Our Retail Stores

Aggregate Information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, frequency of Store visits, Site pages you access most frequently, or search terms you enter. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who shopped on the Site during a specific time period or the number of people who shopped at our Stores who are 25 years of age is Aggregate Information that does not personally identify a specific user. Both the Site and our Stores collect such Aggregate Information.

Indemnification

You agree to defend, indemnify and hold harmless Dylan’s Candy Bar, LLC and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site, your breach of these Terms of Use or your use of items purchased on the Site.

Termination

These Terms of Use are effective unless and until terminated by either you or DYLANSCANDYBAR.COM. You may terminate Terms of Use at any time, provided that you discontinue any further use of this Site. DYLANSCANDYBAR.COM also may terminate Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in DYLANSCANDYBAR.COM’s sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of the Agreement by either you or DYLANSCANDYBAR.COM, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. DYLANSCANDYBAR.COM’s right to any Comments shall survive any termination of Terms of Use. Notwithstanding any termination, these Terms of Use will continue to apply to any purchases made on the Site or use of the Site prior to such termination.

Disclaimer

THIS SITE IS PROVIDED BY DYLANSCANDYBAR.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. DYLANSCANDYBAR.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DYLANSCANDYBAR.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DYLANSCANDYBAR.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE DYLANSCANDYBAR.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL DYLANSCANDYBAR.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE DYLANSCANDYBAR.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DYLANSCANDYBAR.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DYLANSCANDYBAR.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU FOR PRODUCTS PURCHASED ON THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

Governing Law

The laws of the State of New York shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SITE.

Any claims asserted by you must be asserted in writing to DYLANSCANDYBAR.COM within fifteen (15) days of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party

Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver/Remedies

The failure of DYLANSCANDYBAR.COM to partially or fully exercise any rights or the waiver of DYLANSCANDYBAR.COM of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by DYLANSCANDYBAR.COM or be deemed a waiver by DYLANSCANDYBAR.COM of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of DYLANSCANDYBAR.COM under these Terms of Use and any other applicable agreement between you and DYLANSCANDYBAR.COM shall be cumulative, and the exercise of any such right or remedy shall not limit DYLANSCANDYBAR.COM’s right to exercise any other right or remedy.

International Access

The Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

Limitation on Liability

In no event shall the site, Dylan’s Candy Bar, LLC, the stores or any of our affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, even if these entities have been previously advised of the possibility of such damages, whether in an action, under contract, negligence or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from the site. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Dated: October, 2014