Our Guarantee & Policies

Customer Guarantee

The mission of Sweets & Geeks is to be valued as the neighborhood’s favorite candy & game store by bringing the nostalgic candy, soda & pop culture of yesteryear to the customers of today. Inspiring friends & families to spend more time together!

Our goal is to make online ordering as easy as possible, and to provide shipping options to accommodate each customer's needs. If you ever have any questions concerning our products, shipping methods, timelines or anything in-between, Email Us: info@sweetsandgeeks.com

Do not call our store with questions or concerns about your online orders.  Our store is staffed by part time employees who may not provide the most accurate answers to your inquiries.  Please, instead, email our customer service email: info@sweetsandgeeks.com

Shipping Policy

Sweets & Geeks ships year-round to locations within the contiguous 48 United States. We ship from our retail location, Sweets & Geeks, in Medina, Ohio, in between Akron and Cleveland.

While most orders may be delivered sooner, please allow up to 10 business days for your order to arrive once it has been fulfilled.


Hot weather may influence the condition of the received product.  Shippers do not always air condition their cargo.  Melted candy does not qualify for a damage claim.

Sweets & Geek is not responsible for product damaged in transit due to weather conditions.

Items such as brittle candies, chips and items with fragile packaging may become damaged in transit. 

Sweets & Geeks is not responsible for any damages that may occur to your ordered items in transit.

Sweets & Geeks will not provide photos of the exact product you are purchasing.  The photos on our site are stock images and used to display the average product, they may not be in the exact same condition (for better or worse) than the actual product you receive.

Pre-Orders Policy

Sometimes we offer products for sale before they are released by the manufacturer. If you purchase one of these items, payment is required at the time the order is placed. If there are other items on the order, we will not ship the entire order until the preorder product comes out. If an item says preorder in the title, it means the item is not yet available and we are taking advance orders. The quantity available and ‘In Stock’ notation displays the amount we have left based on our current order with the supplier.
All preorders must ship out in one shipment and existing preorders cannot be split into separate orders.

Warm Weather Policy

Chocolate and candy made with gelatin are extremely heat sensitive and will melt in temperatures above 75 degrees Fahrenheit. When shipping items during warm weather months or to warm-weather climate, we recommend adding ice packs to your order which are $1 each but are not guaranteed to prevent your candy from melting.

While we take measures to make sure your order will arrive in good condition, we cannot guarantee that candy will not melt in transit during hot weather.

  • Sweets and Geeks is not responsible for product damaged in transit due to weather conditions.
  • Sweets and Geeks is not responsible for product that was delivered to its location but sat on a hot porch or in the sun all day.
  • If at all possible, have your order shipped to an air conditioned location so it does not sit outside in the heat longer than necessary. 

When will my order ship? 
We know you’ll be waiting at the mailbox for your goodies, so we ship fast -- usually the same day! Orders placed by midnight usually ship the next business day, pending credit card verification. But please allow us up to two days during busy seasons. Orders are not processed on holidays.

When will my order arrive?
Items shipped should arrive within 5-9 business days.  Items shipped via expedited delivery should arrive within 2-5 business days.

Please Note:

  • Sweets & Geeks reserves the right to use a different delivery option, regardless of option selected by customer, to ensure items are delivered in the quickest manner possible.
  • Not all shipping options are available for all orders/areas.
  • You will be contacted if an item you order is out of stock causing a delay in shipping commitments.
  • If you need your order by a certain date, please contact us before placing your order so we can advise you on the best delivery option. Please be advised that regardless of which shipping method you select, we cannot guarantee when your order will arrive and will not issue refunds for orders not delivered by a certain time.
  • Sweets & Geeks cannot be responsible for delays and late arrivals. Once a shipment leaves our store, we cannot control the speed and/or accuracy with which the carrier completes the delivery.
  • We will send out a confirmation email notice as soon as your order ships. A tracking number will be provided for all shipments.
  • We recommend that shipments be sent to a business, if possible, where someone can sign for the package and it is not exposed to outside conditions. Parcel carriers will leave packages outside the door if no one is home.

Event Policy

Our events are ever growing and changing, as such we have updated the policy regarding these events. ALL events held, hosted, and partnered with/by Sweets & Geeks is subject to change up until the day of the event.

Before attending our events please be sure to check the events' corresponding webpage for any updates or changes. Sweets & Geeks is not liable nor responsible for any outdated information regarding our events that you may perceived before our final changes. Thank you for understanding.

Out of Stock Items
We make every effort to maintain our inventory and mark items “out-of-stock” or remove out-of-stock items from our website, but there may be a time that more items are sold during the day than we have on our shelves. If your order contains an item that is out of stock, we will ship the remainder of your order and adjust your order and shipping costs accordingly. Should this occur, we will contact you directly via email to alert you of the change.

We reserve the right to limit product quantities on orders for products.

Consumable goods

Sweets & Geeks specializes in selling candies, chips, snacks and more.  As such, we are required by law, and do, list the ingredients of each consumable item in the product description on our site.  Ingredient labels can also be found on each product, or, in the case of bulk and open air goods, these ingredients can be found on the container or bin.  Sweets & Geeks does not assume responsibility for any injury, allergy or reaction that a consumer may have as a result of purchasing our products.  It is the customer's responsibility to be aware of the ingredients in the foods that they ingest.  If the product does not contain ingredients in a language that the consumer can read, it is also the consumer's responsibility to research those ingredients before consumption.  Sweets & Geeks highly recommends that all customers are aware of and read the ingredient labels of all products they consume.

Additionally, Sweets & Geeks does not assume responsibility for injury, choking or other such ailments that may arise from improper consumption of our products, goods or foods. 

Some of our products may contain dairy, nuts, shellfish and other common place allergies.  If you have an allergy, make sure you are more attentive to the products you consume.

Additional Information
Please contact us immediately if there is a mistake with your order so we can correct it as soon as possible. We work hard to ensure you order is filled accurately, but mistakes can occur.

If your product arrived damaged or you have any problems with your order, please retain ALL packaging, including the shipping box, packing material, packing slip, and product packagingThen, please call us or email us at info@sweetsandgeeks.com within 48 hours of receiving your order to discuss any issues or questions. Our customer service is available Monday-Friday from 10 a.m. - 7 p.m., and weekends from 12 - 5 p.m. Phone: 330-952-3017. We will request that photographs of the damaged product and all packaging materials be emailed in order to assess the situation and damage prior to initiating a solution.

Please be careful to provide us with an accurate shipping address to ensure a speedy delivery. Please note we cannot be responsible for an order shipped to the wrong address due to an incorrect address entered by a customer. Please make sure the shipping address is complete with floor, suite number, apartment number, etc.

Rewards Points

Reward Points, also known as Bottle Caps, can be acquired through becoming a rewards program member.  Points can be used towards things like dollar amounts or percentages off purchases.  Points cannot be used in the same purchase that they are acquired.  Points may only be redeemed once per day per customer.  Intentional violation of this rule may result in the loss of points.

Return Policy

Because candy is a perishable item, and in compliance with Food & Drug Administration (FDA) policies, Sweets & Geeks cannot accept any candy for a refund unless it has been damaged in transit (excluding damage due to weather conditions).

Before finalizing your order, please consider the following:

  • Taste -- Manufacturers sometime change recipes or items don’t taste like we remember them. Gummies, taffy, chocolate, etc., will vary in texture, consistency, firmness and flavor with different brands and manufacturers.
  • Color -- Candy is often made in small batches and color may vary from time to time. Color may also look different in person than on your computer screen.
  • Mistakes and Cancellations -- Check your order carefully before hitting the submit button. As soon as you finalize your purchase, we are working on your order and it cannot be canceled. If you do wish to cancel your order, please call us. If your order has not been completed, we will be happy to assist you in a cancellation. However, if the order has already been fulfilled, we will be unable to cancel it. Of course, if we make any mistakes with your order, we will take full responsibility and work with you on correcting the problem.

Privacy Policy

Sweets & Geeks (“We”) are committed to protecting and respecting your privacy.

This policy (together with our Terms of Use, Cookie Policy, and Shipping and Returns Policy) is presented to you in order to help you make an informed decision about using this website and to explain to you what information we collect, how we store that information, and how we may use it. By using sweetsandgeeks.com (“our site”), you are consenting to this Privacy Policy and to have your personal data transferred to and/or processed in the United States in accordance with the terms of this Privacy Policy. The data collection practices set out in this Privacy Policy are for the primary purpose of fulfilling your orders and providing customer support. Please do not sweetsandgeeks.com if you do not agree with this policy and any other policies listed on sweetsandgeeks.com.

  1. Information We Collect
    1. Non-Personally Identifiable Information
    When you enter sweetsandgeeks.com, we collect certain non-personally identifiable information through the use of cookies and/or other similar technologies. Our use of such technologies is set forth in the sweetsandgeeks.com Cookie Policy disclosure which is incorporated by reference into this Privacy Policy.
  2. Personally Identifiable Information
    Many of the services offered on sweetsandgeeks.com are only made available if we have certain information about you. To access these services, you will, from time to time, be asked to submit personal information about yourself. We may collect and process the following personal information related to our services:
  • Registration information. In registering for sweetsandgeeks.com, we require certain contact information including your name, address, phone and e-mail address. We use this to contact you regarding orders and other notices. If you don’t want to receive these notices there is an opt out link.
  • Information to fulfill your order. When placing an order online at sweetsandgeeks.com, we collect your name, phone number, shipping address, billing address, and personal payment information. This information is used to process and fulfill any orders you may make.
  • If you contact us, we may keep a record of that correspondence and record conversations for training and/or monitoring purposes.
  • We may from time to time ask you to complete surveys that we use for research purposes. You do not have to respond to these surveys and may opt out of future e-mails by clicking a link at the bottom of the e-mail or by simply e-mailing us at info@sweetsandgeeks.com
  1. Privacy of Children and Sensitive Consumer Information
    sweetsandgeeks.com is designed for those 13 years of age or older. sweetsandgeeks.com does not knowingly collect information from anyone under the age of 13.

Except for collecting payment information in connection with purchases, sweetsandgeeks.com does not knowingly obtain or store any Sensitive Consumer Information, such as Social Security Numbers and other government issued identifiers; insurance plan numbers; financial account numbers; information that describes the precise real-time geographic location of an individual; or precise information related to health or medical conditions. 

If we are made aware that we have received information from anyone under the age of 13 or Sensitive Consumer Information in violation of this Privacy Policy, we will use reasonable efforts to locate and remove that information from our records.

  1. Use of Information Collected
    1. Primary Purpose of Information Collected
    The information and data collected by sweetsandgeeks.com is primarily for the purposes of:
  • Processing your orders effectively;
  • Ensuring that content from our site is presented to you in the most effective manner for you and for your computer;
  • Notifying you about changes to our service and policies; and
  • Responding to your customer support inquiries.
  1. Mailings
    sweetsandgeeks.com may periodically contact you using information supplied to the site. You may opt out of receiving certain communications, such as newsletters or other e-mails, by clicking on the unsubscribe link at the bottom of such e-mails or by e-mailing info@sweetsandgeeks.com. 3. Access to and Ability to Correct Personal Data

You have the right to review your personal data held by sweetsandgeeks.com. You also have the right to modify, correct, change or update your personal information or cause your personal information to be deleted from sweetsandgeeks.com’s database upon request. All requests to view, change, update, or delete your personal information may be made via e-mail at info@sweetsandgeeks.com or via postal mail to Sweets & Geeks, 342 E Smith Rd, Medina, Ohio 44256.

  1. Disclosure of Your Personal Information
    1. Third Parties
    Except as provided in the Privacy Policy, sweetsandgeeks.com will not sell, rent, lease, or transfer your personal information to third parties without obtaining further consent from you.
  2. Compliance with Law
    We reserve the right to disclose your personal information, without prior notice to you, as required by law or when we believe that disclosure is necessary to protect our rights or comply with a judicial proceeding, court order, or legal process served on our web site. Furthermore, we may share your personal information when we believe it is necessary to protect our interests or our property, to prevent fraud or other illegal activity perpetrated through sweetsandgeeks.com or using our name, or to prevent imminent bodily harm. This may include, but is not limited to, sharing information with other companies, lawyers, agents or government agencies.
  3. Service Providers
    We may employ service providers and other companies and individuals to perform functions and provide services on our behalf (e.g. credit card processing, shipping, and insurance). These entities may have access to your personal information to the extent needed to perform their functions and also to provide you with the services that you have requested.
  4. Security
    We have implemented reasonable measures to protect the information we collect and store, taking into consideration the types of risks we face and the reasonable protections available to us. No method of protecting information is 100% secure, and we cannot guarantee its absolute security.
  5. Privacy Practices Of Third Parties
    When you click on links or advertising, third parties may collect information from you and place their own cookies or other technological devices on your internet browser, independent of sweetsandgeeks.com. We have no control over these third parties and no responsibility for the technologies they employ. To learn how a particular web site collects and uses your information, you should read the privacy policy of that website.
  6. Changes To Privacy Policy
    We reserve the right to modify this Privacy Policy and other policies on sweetsandgeeks.com at any time, so please review it frequently and at least each time you submit personal information to sweetsandgeeks.com. If we make material changes to this policy, we will notify you here at sweetsandgeeks.com/pages/policies, by e-mail, or by means of a notice on our homepage. The date of the most recent revisions will also appear on this page. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your interactions with sweetsandgeeks.com.
  7. Questions
    For questions or concerns regarding this Privacy Policy or other policies on
    sweetsandgeeks.com please e-mail us at info@sweetsandgeeks.com. Alternatively, you can write to us at: Sweets & Geeks, 342 E Smith Rd., Medina, Ohio 44256.

Last Updated: August 13th 2020

Website Terms and Conditions of Use

These Website Terms and Conditions of Use (“Terms”) are entered into by and between you and sweetsandgeeks.com(“Sweets & Geeks”). In consideration of your use of and access to this Internet site, and the promises and obligations herein, you and Sweets & Geeks hereby agree as follows:

Your access to and use of the Sweets & Geeks sites is subject to these Terms, which incorporate by reference the separately above posted Privacy Policy and Shipping and Returns Policies, as if fully set forth herein. BY USING THE Sweets & Geeks SITES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by the Terms or policies, do not use the Sweets & Geeks.

  1. Changes In Terms
    Sweets & Geeks shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Sweets & Geeks Sites. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the Sweets & Geeks Sites. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. If you continue to use this site after modification of these Terms, you agree that you shall be deemed to be apprised of and bound by any modification by Sweets & Geeks to these Terms. ANY ACCESS OR USE OF THE Sweets & Geeks SITES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Sweets & Geeks shall be valid or enforceable against Sweets & Geeks unless expressly agreed to by Sweets & Geeks in a writing signed by a duly authorized officer of Sweets & Geeks.
  2. Termination
    These Terms are effective until terminated by Sweets & Geeks. Sweets & Geeks may terminate these Terms without notice and at any time in connection with any of the Sweets & Geeks Sites. In the event of termination, you are no longer authorized to access those Sweets & Geeks Sites, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.

Sweets & Geeks shall also have the right without notice and at any time to terminate some or all of the Sweets & GeeksSites or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the Sweets & Geeks Sites or any feature or portion thereof.

  1. Intended Users
    The Sweets & Geeks Sites are not intended for or directed at children under the age of 13.
  2. Content
    The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Sweets & Geeks on or through the Sweets & Geeks Sites, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content."

The Content is provided solely for personal, non-commercial purposes related to the placement of an order or shopping with Sweets & Geeks. Any other use of Sweets & Geeks Sites or Content or information contained on Sweets & GeeksSites is strictly prohibited, unless the written permission of Sweets & Geeks is obtained first.

You acknowledge that the Content may contain errors, omissions, or typographical errors, or may be out of date. Sweets & Geeks therefore reserves the right to change, delete, or update any Content at any time and without prior notice (including after an order has been submitted) and to make such changes, deletions, or updates without prior notices.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Sweets & Geeks or by third parties that have licensed their use to Sweets & Geeks. You may view and use the Content only for your personal information and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Sweets & Geeks does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Sweets & Geeks Sites, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Sweets & Geeks, is strictly prohibited.

  1. Disclaimer and Limitation of Liability as to the Sweets & Geeks Site, Content, Products, and Services
    SWEETS & GEEKS MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SWEETS & GEEKS SITES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. SWEETS & GEEKS ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SWEETS & GEEKS SITES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SWEETS & GEEKS SITES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE SWEETS & GEEKS SITES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SWEETS & GEEKS SITES.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL SWEETS & GEEKS, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE SWEETS & GEEKS SITES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF SWEETS & GEEKS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SWEETS & GEEKS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SWEETS & GEEKS SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SWEETS & GEEKS EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS.

  1. Indemnification
    You agree to defend, indemnify, and hold harmless Sweets & Geeks Sweets & Geeks’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Sweets & Geeks Sites. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Sweets & Geeks Sites or any product or service provided to you arising out of or relating to your use of the Sweets & Geeks Sites.
  2. Third-Party Content Disclaimer
    Sweets & Geeks may contain links to external, third party websites. By providing links to other websites, Sweets & Geeks does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to Sweets & Geeks. Sweets & Geeks does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visitors to Sweets & Geeks Sites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
  3. User Submitted Reviews, Comments and Content
    Sweets & Geeks reserves the right but not the duty to monitor, edit, and delete any content, including product reviews, comments, or other materials, submitted to Sweets & Geeks Sites (“User Content”) that Sweets & Geeks deems, in its sole discretion, to violate these Terms. You are solely responsible for any User Content you submit. You acknowledge that use of or reliance on any User Content submitted to the Sweets & Geeks Sites is at your own risk. By submitting any User Content to Sweets & Geeks Sites, you represent and warrant that:
  • You are the sole author and owner of any intellectual property rights to that User Content;
  • Your User Content is accurate and not misleading;
  • You are at least 13 years of age;
  • Any use of the User Content will not violate these terms or potentially cause harm to another person or entity;

You further represent and warrant that any User Content you submit:

  • does not violate the intellectual property rights of any third party (including patents, trademarks, trade secrets, and copyrights);
  • does not violate any law, statute, or regulation;
  • is not abusive, obscene, libelous, or intended to cause harm to other individuals or entities; and
  • does not contain any virus or malware.

Except as otherwise provided in these Terms, any User Content you submit to Sweets & Geeks, including product reviews and comments, will be treated as non-confidential and non-proprietary, and Sweets & Geeks shall have a royalty-free, worldwide, perpetual, irrevocable, and transferable right to display, distribute, use, copy, publish, adapt, and or perform such User Content. Further, in submitting User Content to Sweets & Geeks, you grant us the right to use the name that you submit with any User Content.

  1. Copyright Infringement Policy
    9.1. Procedure for Reporting Copyright Infringement
    If you believe that content hosted on sweetsandgeeks.com infringes your copyright, you may send us a notice of infringement in accordance with the Digital Millennium Copyright Act (“DMCA”).

Any notification of infringement submitted to Sweets & Geeks must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sweets & Geeks to locate the material;
  4. Information reasonably sufficient for Sweets & Geeks to contact you, such as a physical address, telephone number, or an e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once sweetsandgeeks.com receives notification of infringement, it is our policy to remove any infringing content and terminate the accounts of repeat infringers.

9.2 Counter Notification
If you believe that your copyrighted material has been removed from sweetsandgeeks.com as a result of a mistake or misidentification, you may provide a counter notification to sweetsandgeeks.com’s Designated Agent. Any counter notification must include:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, in Ohio, and that you will accept service of process from the person who filed the notification of alleged copyright infringement.

If a counter notice is received by Sweets & Geeks, we may send a copy of the counter notification to the original complaining party informing the person that Sweets & Geeks may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored by Sweets & Geeks at its discretion.

  1. Notices
    All notices given by you to us must be given to Sweets & Geeks by emailing info@sweetsandgeeks.com or writing to:

Sweets & Geeks
342 E Smith Rd
Medina, Ohio 44256

We may give notice to you at either the e-mail or postal address you provide to us when placing an order.

  1. Waiver
    No waiver by Sweets & Geeks of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  2. Severability
    If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms.
  3. Entire Agreement
    These Terms, incorporating the separately posted Privacy Policy, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
  4. Law and Jurisdiction
    These Terms and any legal proceedings between you and Sweets & Geeks shall be governed by, and interpreted in accordance with, the laws of the State of Ohio, without regard to conflicts of laws principles. Any legal proceeding brought against either of the parties hereto with respect to these Terms shall be brought in the federal and state courts located in the State of Ohio, and each client and Sweets & Geeks hereby consents to the exclusive jurisdiction of any such court and waives any defense or opposition to such jurisdiction.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Sweets and Geeks (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy [Insert URL Link to your Privacy Policy] (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Sweets and Geeks and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.

4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@sweetsandgeeks.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Medina, Ohio before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Sweets and Geeks’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Privacy Policy

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

Question or Comments: Contact Customer Service at info@sweetsandgeeks.com

Terms last updated: October 25st 2024.