Terms of service

Overview

Welcome to Tam's Sweets! The terms "we", "us" and "our" refer to Tam's Sweets. Tam's Sweets operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Tam's Sweets is powered by Shopify Inc., Shopify Commerce Singapore Pte. Ltd or Shopify International Limited, depending on where Tam's Sweets is located, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our privacy policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. These Terms of Service do not limit any rights you may have under applicable consumer protection laws or any other non-waivable statutory rights.

1. Access and account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Customers are responsible for providing accurate and complete billing and shipping information when placing an order. Tam's Sweets is not responsible for orders delayed, misdelivered, or lost due to inaccurate or incomplete information provided by the customer.

2. Our products

We make every effort to accurately describe and display our products, including their ingredients, flavors, appearance, and characteristics. However, slight variations in color, shape, texture, and appearance may occur due to the handmade nature of our products, ingredient variations, and differences in display settings. Such variations do not necessarily constitute a product defect.

Product descriptions, ingredients, and availability are subject to change as necessary. We reserve the right to discontinue products, modify recipes, or limit quantities offered at our discretion, subject to applicable food labeling and consumer protection laws.

3. Orders

Tam's Sweets makes every reasonable effort to prepare, package, and ship orders in a timely manner. Processing times and estimated delivery dates are provided for convenience only and are not guaranteed. Processing times may vary depending on order volume, product availability, holidays, and other business conditions.

Once an order has been processed or prepared for shipment, cancellation or modification may not be possible. Customers should contact us as soon as possible if they need to request a change. We reserve the right to cancel or refuse orders due to suspected fraud, pricing or listing errors, product unavailability, shipping restrictions, or other legitimate business reasons. If we cancel an order after payment has been collected, any refund required by applicable law will be issued.

Customers are responsible for reviewing their order, including product selections, quantities, shipping address, and contact information, before completing checkout.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

4. Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms of Service. If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will govern. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (1) you are authorized to use the payment method you provide, (2) that the information you provide for such payment method is true, correct and complete, (3) charges incurred by you will be honored by the provider of your payment method, and (4) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

5. Shipping and delivery

Once an order has been transferred to the shipping carrier, delivery timing and handling are subject to the carrier's operations and conditions. Tam's Sweets is not responsible for shipping delays caused by carriers, weather conditions, natural disasters, labor disputes, transportation disruptions, or other circumstances beyond our reasonable control.

Temperature and Environmental Conditions

Our soft brittle products are made with ingredients and have texture characteristics that may be affected by temperature, humidity, moisture, and other environmental conditions during shipping and storage.

Although we take reasonable precautions to package our products for shipment, we cannot control the temperature, handling, or environmental conditions to which packages may be exposed while in transit. Exposure to excessive heat, cold, humidity, or moisture may affect the texture, appearance, freshness, or overall quality of our products.

Customers acknowledge that minor variations in product texture, appearance, or consistency may occur during transportation and do not necessarily constitute a product defect.

Delivery and Package Retrieval

Customers are responsible for providing accurate and complete shipping information and ensuring that someone is available to receive packages when necessary. Customers should promptly retrieve delivered packages and avoid leaving them exposed to direct sunlight, excessive heat, cold, moisture, or other unfavorable environmental conditions.

Tam's Sweets is not responsible for product deterioration, changes in texture or quality, or damage resulting from packages being left unattended after delivery, improper storage, or failure to follow the storage instructions provided with the products, to the extent permitted by applicable law.

Damaged, Missing, or Incorrect Orders

Customers should inspect their orders promptly upon delivery. If an order arrives damaged, contains incorrect or missing items, or has another product-related issue, customers should contact Tam's Sweets within 48 hours of delivery at info@tamssweets.com.

When reporting an issue, customers should provide their order number, a description of the problem, and photographs of the packaging and affected products when applicable. We will review each reported issue and determine an appropriate resolution, which may include a replacement or refund.

Nothing in this section limits any rights or remedies available to customers under applicable consumer protection laws.

Shipping Restrictions

We reserve the right to limit or decline shipments to certain locations where shipping conditions, transportation restrictions, product quality concerns, or applicable laws may prevent us from reasonably fulfilling an order.

Delays Beyond Our Control

Tam's Sweets shall not be liable for delays or failures in delivery resulting from circumstances beyond our reasonable control, including carrier delays, severe weather, natural disasters, supply shortages, transportation interruptions, governmental actions, labor disputes, or other unforeseen events. If such circumstances affect an order, we will make reasonable efforts to communicate relevant updates to the customer.

6. Intellectual property

Our Services, including but not limited to all trademarks, brands, text, images, graphics, product reviews, video, and audio are owned by Tam's Sweets, its affiliates or licensors and are protected by U.S. and foreign trademark, copyright and other intellectual property laws. Similarly, the product listings are managed and owned by Tam's Sweets. The purchase or delivery of any product does not grant or confer any intellectual property rights, including any patent, copyright, trademark, or other proprietary right, in or to the product, its design, software, or underlying technology. All such rights remain exclusively with Tam's Sweets or the original rights holder. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms of Service grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Tam's Sweets, Shopify or any third party. Unauthorized use of the Services may violate applicable intellectual property or other laws. All rights not expressly granted herein are reserved by Tam's Sweets. Tam's Sweets's names, logos, product and service names, designs, and slogans are trademarks of Tam's Sweets or its affiliates or licensors. You must not use such trademarks without the prior written permission of Tam's Sweets. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

7. Optional tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

8. Third-party links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk. We are not liable for any harm or damages related to your access to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

9. Relationship with Shopify

Tam's Sweets is powered by Shopify, which enables us to provide the Services to you. When you use the Services, your device communicates with Shopify’s systems to deliver the Services. Section 10 explains how Shopify uses and processes information from these interactions. However, any sales and purchases you make in our Store are made directly with Tam's Sweets. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Tam's Sweets, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Tam's Sweets.

10. Privacy policy

Our privacy policy explains how we may collect, use, and disclose certain personal information from your use of the Services. By using the Services, you acknowledge that you have read this privacy policy. Because the Services are hosted by Shopify, as you browse and interact with the Services, Shopify collects, uses, processes, and stores personal information about your access to and use of the Services, including information about your transaction. Shopify may use this information for purposes including but not limited to providing, securing, and improving the Services; processing transactions; and helping prevent fraud on this website and on other websites that are powered by Shopify. Information collected when you visit or use the Services, including information collected automatically about your browsing activity, will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy and Shopify’s privacy policy for more details on how we, Shopify, and our partners use your personal information.

11. Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You also represent and warrant that: (1) you own or have all necessary rights to all Feedback; (2) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (3) your Feedback will comply with these Terms of Service. We are and shall be under no obligation (a) to maintain your Feedback in confidence; (b) to pay compensation for your Feedback; or (c) to respond to your Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

12. Errors, inaccuracies and omissions

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders if information is inaccurate, including after an order is submitted. If we cancel an order after payment has been collected, we will issue any refund required by applicable law.

13. Prohibited uses

13.1 You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms of Service; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Tam's Sweets, Shopify or users of the Services, or expose them to liability.

13.2 In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

14. Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4 Agents must: (a) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (b) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (i) mimicking human behavior and interaction patterns, or (ii) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (c) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (d) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

15. Termination

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply following any termination: Intellectual property, Feedback, Termination, Disclaimer of warranties, Limitation of liability, Indemnification, Severability, Waiver; entire agreement, Assignment, Governing law, Privacy policy, and any other provisions that by their nature should survive termination.

16. Disclaimer of warranties

Website and Services

The information presented on or through our website and Services is provided for general informational purposes. While we make reasonable efforts to ensure that information is accurate and current, we do not guarantee that all website content, product descriptions, pricing, or other information will always be complete, accurate, or free from errors or omissions.

Our website and Services are provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee that access to our website or Services will be uninterrupted, timely, secure, or error-free. We disclaim warranties relating to the operation and availability of our website and Services to the fullest extent permitted by applicable law.

Products and Food-Related Information

We make reasonable efforts to ensure that our products are accurately described and represented on our website, including information regarding ingredients, flavors, product characteristics, and allergens. However, minor variations in color, shape, texture, and appearance may occur due to the handmade nature of our products, variations in ingredients, and differences between production batches. Product photographs are intended to provide a general representation of our products and may not reflect every individual item's exact appearance.

We do not guarantee that our products will meet every customer's individual taste preferences or subjective expectations. Product quality and characteristics may also be affected by improper storage, handling, or exposure to environmental conditions after delivery. Customers are responsible for following the storage and handling instructions provided with their products.

Customers should review product descriptions, ingredient lists, allergen disclosures, and packaging information before purchasing or consuming our products. Customers with food allergies, sensitivities, or dietary restrictions should carefully evaluate the ingredient and allergen information provided. Nothing in this section relieves Tam's Sweets of its responsibility to provide accurate food labeling, ingredient disclosures, or allergen information as required by applicable law.

To the fullest extent permitted by applicable law, Tam's Sweets disclaims implied warranties, including implied warranties of merchantability and fitness for a particular purpose, only to the extent such warranties may legally be disclaimed and only in accordance with applicable legal requirements.

Non-Waivable Rights

Nothing in these Terms of Service excludes, restricts, or limits any express warranties made by Tam's Sweets or any implied warranties, consumer protections, or other rights that cannot legally be excluded or limited under applicable federal or state law. Nothing in this section limits our responsibility to comply with applicable food safety, manufacturing, labeling, and consumer protection requirements.

17. Limitation of liability

To the fullest extent permitted by applicable law, Tam's Sweets, its owners, officers, employees, affiliates, agents, contractors, and service providers shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost revenue, loss of business opportunities, or other economic losses arising out of or relating to the use of our website, the purchase or use of our products, or any other aspect of the Services.

Tam's Sweets shall not be responsible for product deterioration, changes in texture, quality, or appearance, or other product-related issues resulting from improper storage, handling, transportation after delivery, exposure to excessive heat or moisture, failure to follow product storage instructions, or other conditions outside our reasonable control.

Customers are responsible for reviewing product descriptions, ingredient lists, allergen disclosures, and storage instructions before purchasing or consuming our products. Tam's Sweets shall not be liable for adverse reactions resulting from a customer's known or undisclosed food allergies, sensitivities, or dietary restrictions to the extent permitted by applicable law and where accurate ingredient and allergen information has been provided.

Nothing in these Terms of Service shall exclude, restrict, or limit any liability that cannot legally be excluded or limited under applicable law, including liability arising from defective, contaminated, adulterated, or improperly labeled food products; personal injury or death resulting from our negligence or other legally actionable conduct; fraud; willful misconduct; or violations of applicable food safety and consumer protection laws.

Nothing in this section is intended to waive or limit any consumer rights, remedies, or protections that cannot legally be waived or limited under applicable federal or state law.

18. Indemnification

You agree to indemnify, defend and hold harmless Tam's Sweets, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

19. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Nothing in these Terms limits any rights you may have under applicable consumer protection laws or other laws that cannot be waived by contract. If any part of these Terms conflicts with those rights, those rights will apply.

20. Waiver; entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

21. Assignment

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

22. Governing law

These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Oregon, without regard to its conflict-of-law principles, except where applicable consumer protection laws or other mandatory laws require otherwise. You and Tam's Sweets consent to the jurisdiction and venue of the courts located in that jurisdiction, except where prohibited by applicable law. You and Tam's Sweets consent to venue and personal jurisdiction in such courts. Nothing in this section limits any rights you may have to bring claims in your local courts or rely on mandatory laws that apply in your place of residence.

23. Translations

The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Terms of Service available in another language, the most current English version of the Terms of Service will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Tam's Sweets (acting in its sole discretion) or as required by applicable law.

24. Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

25. Electronic communications

By using the Services or placing an order, you agree that we may send you transactional and service-related communications electronically, including by email, in-account notice, or posting on the Services. These communications may relate to your orders, account, purchases, returns, these Terms of Service, or other Services-related matters. You are responsible for keeping your contact information current.

26. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms of Service in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

27. Contact information

Questions about the Terms of Service should be sent to us at info@tamssweets.com.