Terms of Service

Last updated August 20, 2026

These Terms of Service ("Terms") govern your use of this website and the online ordering system operated by Williams Candy, a trade name of The Clam Stop Inc. ("we," "us," "our"). By using this site or placing an order through it, you agree to these Terms. If you don't agree, please don't use the site — you're always welcome to order in person without it.

Acceptance of Terms

Using this website, scanning our QR order code, or submitting an order through this site means you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. We may update these Terms from time to time (see "Changes to These Terms" below); the version posted here at the time you place an order is the one that applies to that order.

Description of Service

This website does a few things: it carries information about Williams Candy (menu, hours, location), it runs an online ordering tool for placing an order ahead of picking it up in person, and it takes loyalty-club signups, catering enquiries, and wholesale/large-order enquiries.

Pickup only. Every order placed through this site is picked up in person at our counter at 1318 Surf Avenue, Brooklyn, NY 11224. We do not ship, and we do not offer delivery through this site. If you see our name on a third-party delivery app, that arrangement is between you and that app — it is not covered by these Terms.
No online payment. This site does not collect, process, or store payment card information, and there is no payment processor connected to it. You pay a person, in person, when you pick up your order. Placing an order through this site does not charge you anything and does not reserve or guarantee payment.
QR-gated ordering. The tap-to-order window — the one that builds a cart and sends a ticket to the shop — starts by scanning a printed QR code here. It's built for customers who are physically present, so please don't share, photograph, repost, or forward the code for someone off-site to use. Three other things on this site are open to the web and need no QR code — the loyalty-club signup, the catering enquiry form on our homepage, and the wholesale/large-order enquiry form on our wholesale page. All three collect information (see our Privacy Policy), and none of them places an order or commits either of us to anything until we've spoken.

Menu Accuracy, Pricing, and Sales Tax

Prices, descriptions, and availability shown on this site can change without notice. The prices and availability at the counter when you pick up govern.
Every item on the order screen carries a fixed price, and everything you add is included in the total you see before you confirm — including candy by the pound, which is offered in set portions (1/4 lb, 1/2 lb, 1 lb) at a set price rather than as an open-ended weight. This site's order screen has no "market price," "MP," or "ask" line: if an item doesn't have a set price, it doesn't appear on the order screen at all. Ask at the counter about anything you don't see listed.
A listing on this site is not a guarantee an item is in stock right now.
New York State and local sales tax is calculated and added to your order at checkout, shown as its own line item before you confirm. As of this posting date, the combined rate applied is 8.875% (the current combined New York City / Kings County rate under the New York State Department of Taxation and Finance's published jurisdiction schedule). This rate is set by the state and city, not by us, and may change if the state or city changes it; the rate applied at checkout is whatever rate is in effect on the date of your order.
Some of what we sell isn't taxed at all. New York exempts certain grocery-type foods, and a few of our items fall on that side of the line: plain unflavored nuts — our salted cashews, salted pistachios, and walnuts — and the plain buttered popcorn on our regular menu are exempt from New York sales tax, and no tax is added to those items on your order. Candy-coated and flavored popcorn (caramel, pink, and candy popcorn) is taxable, as candy generally is. Clothing priced under $110 — our logo T-shirt, for instance — is exempt as well.
One exception, stated plainly rather than glossed over. The wholesale and party item Buttered Popcorn Boxes (Per Dozen), in our 3-day-notice wholesale/party section, is currently charged sales tax — even though the plain buttered popcorn on the regular menu is not. Whether a bulk dozen-box order of the same popcorn should be treated the same way as a single order at the counter is under review and is not settled yet. Until it is, we would rather tell you the tax is charged than promise an exemption your receipt won't show. What you are charged at checkout is what this section describes.
Because of all of the above, the tax line on your order is calculated on the taxable part of the order only, and will not always work out to 8.875% of the subtotal.

Order Changes, Cancellations, and How We Handle a Problem

By us: We may decline, cancel, or modify any order — for example, if an item just sold out, if we're closing, if an order looks fake or automated, or if it's unreasonably large for a walk-up shop. If we cancel your order, you owe nothing, since you haven't paid yet.

By you: You can cancel an order at no cost any time before you pick it up and pay, because nothing has been charged yet.

If something's wrong with your order: Tell a staff member right away, either at pickup or by contacting us (see "Contact" below). Our staff can look into what happened and log how it was handled. We want to make it right, and in practice that usually means remaking an item, replacing it, or another fix a staff member offers on the spot.

What this is not, and why: Because there is no payment processor on this site and payment happens only in person, there is no online refund mechanism to process a refund through — we're not able to promise a specific credit-back, refund percentage, or automatic remedy the way a site that took your card payment could. Any make-good is offered at our discretion, worked out with a staff member, and generally handled the same way a walk-up counter has always handled a mistake: in person, at the time. This section doesn't take away any right you have under New York consumer protection law (see "Limitation of Liability" below).

Allergens

Our shop is small. We make and serve candy on shared equipment, shared scoops, and shared surfaces, and we handle common allergens throughout — including peanuts, tree nuts, milk, eggs, wheat, soy, and sesame. Candy sold loose or by the pound is scooped from shared bins. We cannot guarantee that any item is free of any allergen; cross-contact is possible on everything we serve, and ingredients and suppliers can change without notice.

If you have a serious allergy, please tell a staff member before you order. The note field on the order form is a helpful heads-up, but it is not a substitute for speaking to a person, and we can't promise it will be seen in time. If your allergy is severe, please use your own judgment about whether to eat or buy from us.

Acceptable Use

Please don't:

place fake orders, or orders you don't intend to pick up;
submit someone else's name, phone number, or email without their knowledge;
use scripts, bots, or other automated tools to interact with the site;
try to break, overload, scrape, or bypass the site's security or rate limits; or
use the order note field for abuse, threats, spam, or anything unlawful.

We may cancel orders, block access, or refuse service to anyone who does any of the above.

Intellectual Property

The text, photos, menus, logos, and design of this site belong to us or our licensors. You're welcome to link to the site or share a photo of your treats or your visit. Please don't copy our photos, menu text, or logo for your own commercial use, or represent yourself as affiliated with us, without asking first.

Disclaimer of Warranties

This site and the ordering tool are provided "as is" and "as available." We run a small retail candy business, not a software company, and while we do our best to keep this site accurate, working, and up to date, we don't promise it will always be online, always be error-free, or always reflect the exact hours, prices, or availability at the shop that moment.

To the fullest extent the law allows, we disclaim all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, as they relate to the website itself (as opposed to the candy you actually receive at pickup, which is covered by ordinary New York consumer-protection and product-warranty law that this section does not and cannot waive).

Limitation of Liability

If the site is down, shows an incorrect price, drops your order, or a confirmation never arrives, our responsibility is limited to fixing the order or, where you've actually paid us for that specific order, refunding what you paid for it. We are not responsible for indirect, incidental, or consequential losses connected to a problem with the site — things like a missed appointment, travel costs, or lost time.

This limitation does not apply to anything the law does not allow us to limit — including liability for personal injury or death caused by our negligence, liability for the safety of the candy we actually serve you, or any other liability that cannot be limited or excluded under New York law. Nothing in this section reduces any right you have as a consumer under New York law.

Indemnification

You agree to indemnify and hold Williams Candy and The Clam Stop Inc., along with our owners, staff, and agents, harmless from any claim, loss, or expense (including reasonable attorney's fees) arising out of your violation of these Terms, your misuse of the site, or your violation of any law or the rights of a third party — except where the claim arises from our own negligence or wrongdoing. This section applies to a customer's misuse of the ordering system (for example, submitting fraudulent orders or someone else's information); it is not intended to and does not shift responsibility for the candy we serve.

Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Except as provided under "Dispute Resolution" below, any lawsuit arising out of these Terms or your use of the site will be brought in the state or federal courts located in Kings County, New York, and you consent to the personal jurisdiction of those courts.

Dispute Resolution

Talk to us first. Most problems with an order are best solved in person or with one phone call — see "Order Changes, Cancellations, and How We Handle a Problem" above and "Contact" below. Before starting a formal legal proceeding (other than a small claims case, see below), we ask that you first contact us in writing with a description of the problem and give us 30 days to try to resolve it informally.

Small claims court. Either of us may always bring an individual claim in small claims court in Kings County, New York, instead of arbitration, as long as the claim qualifies for that court.

Arbitration. For any dispute that isn't resolved informally and doesn't qualify for small claims court, you and Williams Candy agree to resolve it through binding arbitration on an individual basis, rather than in court, except where prohibited by law. Arbitration would be conducted by a neutral arbitrator under the consumer arbitration rules of a recognized arbitration organization (such as the American Arbitration Association), applying New York law, with the arbitration seated in Kings County, New York or conducted remotely/by written submission at the arbitrator's discretion given the small dollar amounts typically involved.

Individual basis only. Both you and we agree that any arbitration or proceeding will be conducted only on an individual basis, and not as a class, collective, or representative action.

Severability

If any part of these Terms is found unenforceable or invalid by a court or arbitrator, that part will be limited or removed to the minimum extent necessary, and the rest of these Terms will stay in full effect.

Entire Agreement

These Terms, together with our Privacy Policy, are the entire agreement between you and Williams Candy regarding your use of this website and the ordering system, and they replace any earlier version of these Terms. If we don't enforce a provision on one occasion, that doesn't waive our right to enforce it later.

What this document does not cover

Website accessibility is not addressed anywhere in these Terms or in our Privacy Policy, and nothing in either document reduces it. Those two documents cover two things: how we handle your information, and the relationship between you and us when you place an order. Neither one says anything about whether this website is usable by people with disabilities, and neither one limits, waives, disclaims, or otherwise shrinks our obligations under disability-access law.

Those obligations exist independently of anything written on this page. They include at least:

The Americans with Disabilities Act, Title III (42 U.S.C. §§ 12181 et seq.) — the public-accommodations title, which is what a shop open to the public is.
New York Executive Law § 296(2) — the New York State Human Rights Law (NYSHRL).
New York City Administrative Code § 8-107(4) — the New York City Human Rights Law (NYCHRL).

No disclaimer satisfies any of them, and we are not pretending otherwise. What satisfies them is the site actually working for people using screen readers, keyboard-only navigation, magnification, or high-contrast modes — which means real technical remediation of these pages, measured against the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, the standard courts and regulators generally look to. That is a separate project, it is still open, and it has not been completed. We are saying so here rather than letting a thorough-looking legal page imply a thorough-looking accessibility posture. It doesn't, and we'd rather be straight about it than quiet.

If you have trouble using any part of this site, please call (718) 372-0302 or come by the counter — a person will take your order and help you directly. We also want to hear what went wrong, so we can fix the page itself.

Changes to These Terms

We may update these Terms from time to time. When we do, we'll post the updated version here and update the date at the top. The version in effect on the date you place an order is the one that applies to that order.

Contact

Williams Candy, operated by The Clam Stop Inc.
1318 Surf Avenue
Brooklyn, NY 11224
(718) 372-0302

Formal legal notices should be sent by mail to The Clam Stop Inc., 1320 Surf Avenue, Brooklyn, NY 11224.