Refund policy
Return Policy
The following Terms of Sale (“Terms”) apply to the purchase and sale of products through https://fizzandbubble.com/ (the “Website”). These Terms are subject to change by Fizz & Bubble, LLC (referred to as “Fizz & Bubble”, “us”, “we”, or “our”) without prior written notice at any time in our sole discretion. The latest version of these Terms will be posted on this Website, and you review these Terms before purchasing any products that are available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy which governs the use of all personal data provided when using our Website before placing an order for products through this Website. Our Terms of Use https://fizzandbubble.com/policies/terms-of-service and Privacy Policy https://fizzandbubble.com/pages/privacy-policy are hereby incorporated by reference. Additional, product- or offering-specific terms may also apply and are hereby incorporated by reference into these Terms. If there is any conflict between product- or offering-specific terms, our Terms of Use, or our Privacy Policy, then these Terms shall prevail.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY USING THE WEBSITE AND ORDERING ANY PRODUCTS YOU KNOWINGLY AND IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH FIZZ & BUBBLE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (A) YOU HAVE NO RELATIONSHIP WITH FIZZ & BUBBLE OTHER THAN AS A PURCHASER OR PROSPECTIVE PURCHASER OF OUR GOODS FOR PERSONAL USE; (B) YOU HAVE NO AUTHORITY TO BIND FIZZ & BUBBLE TO ANY AGREEMENT, REPRESENTATION, OR COMMITMENT; AND (C) YOU WILL NOT REPRESENT YOURSELF AS AN AGENT, EMPLOYEE, OR REPRESENTATIVE OF FIZZ & BUBBLE.
1. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
2. Prices and Payment Terms
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept most major credit cards. Please review our accepted payment methods on the checkout page prior to entering your payment information. If you use a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
3. Shipments; Delivery
We will arrange for shipment of purchased products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
4. Returns and Refunds
Except for any products designated on the Website as non-returnable, Fizz & Bubble will accept a return of the products for a refund of your full or partial purchase price, as applicable, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery and provided such products are returned in their original condition with valid proof of purchase. To start a return, you can an email us at orders@fizzandbubble.com. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. You bear the risk of loss during return shipment. Items sent back to us without first requesting a return will not be accepted.
Please inspect your order upon receipt and contact us immediately if the item is defective, damaged, or if you received the wrong item, so that we can evaluate the issue and make it right.
Certain types of items cannot be returned. Please get in touch if you have questions or concerns about your specific item. Promotion, sale, or otherwise discounted items as well as gift cards are not eligible for returns.
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded to your original payment method, typically within ten (10) business days. Please remember it can take some time for your bank or credit card company to process and post the refund.
If more than fifteen (15) business days have passed since we’ve approved your return, please contact us at orders@fizzandbubble.com.
5. Disclaimers
ALL PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS OFFERED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
THE PRODUCTS OFFERED ON THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AND THEIR SAFETY NOT BEEN DETERMINED. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. ALL PRODUCTS SHOULD ONLY BE USED AS DIRECT. EXCESSIVE USE OR PROLONGED EXPOSURE MAY CAUSE IRRITATION TO SKIN AND URINARY TRACT. DISCONTINUE USE IF RASH, REDNESS OR ITCHING OCCURS. CONSULT YOUR PHYSICIAN IF IRRITATION PERSISTS. KEEP OUT OF REACH OF CHILDREN WITHOUT ADULT SUPERVISION.
THE PRODUCTS MAY MAKE SURFACES SLIPPERY. USE CAUTION WHEN ENTERING/EXITING TUB. REMOVE ANY UNDISSOLVED PARTICLES BEFORE DRAINING TO PREVENT PLUMBING ISSUES.
WARNING: THESE PRODUCTS MAY EXPOSE YOU TO CHEMICALS, WHICH ARE KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM. FOR MORE INFORMATION GO TO WWW.P65WARNINGS.CA.GOV. PLEASE REVIEW THE LABEL OF EACH APPLICABLE PRODUCT FOR MORE INFORMATION.
6. Limitation of Liability
IN NO EVENT SHALL FIZZ & BUBBLE OR ANY OF ITS REPRESENTATIVES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER FIZZ & BUBBLE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
7. Indemnification
To the fullest extent allowed by applicable law, you agree to indemnify and hold Fizz & Bubble, our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of our products or our Website, or (b) your violation of these Terms or applicable law. Fizz & Bubble reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide Fizz & Bubble with such cooperation as is reasonably requested by us.
8. Goods Not for Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export. Products purchased from the Website may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
9. Governing Law; Class Action Waiver; Jurisdiction
Subject to the initial dispute process and arbitration requirements set forth below, all disputes hereunder or in connection herewith shall be resolved exclusively in the courts located in Hillsborough county, Florida, and the Parties irrevocably submit to the exclusive jurisdiction of said courts. These Terms and the rights and obligations of the parties arising hereunder or in connection herewith shall be governed by and interpreted, construed, and enforced in accordance with the substantive and procedural laws of the State of Florida, without giving effect to principles of conflicts of law.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE THAT NEITHER PARTY CAN BRING ANY DISPUTES, CLAIMS, LAWSUITS, CAUSE OF ACTIONS, OR OTHERWISE, AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION WHETHER IN COURT OR IN ARBITRATION.
10. Dispute Resolution, Class Action Waiver
Initial Dispute Process. Except for any claim for injunctive relief, for any dispute or claim that you may have against Fizz & Bubble or relating in any way to the Website or our products, you agree to first contact Fizz & Bubble and attempt to resolve the claim informally by sending a written notice of your claim ("Dispute Notice") to Fizz & Bubble by email at orders@fizzandbubble.com. or by certified mail addressed to [input address]. The Dispute Notice must (i) include your name, address, email address, and telephone number; (ii) the order confirmation number; (iii) describe the nature and basis of the claim; and (iv) set forth the specific relief sought. If Fizz & Bubble has a claim against you, Fizz & Bubble is required to provide notice similar in form to that described above and attempt to resolve the claim informally. If you and Fizz & Bubble cannot reach an agreement to resolve the claim within thirty (30) days after such Dispute Notice is received, then either party may submit the dispute to binding arbitration administered by the American Arbitration Association (“AAA”).
Arbitration. Subject to the initial dispute process set forth above, all disputes arising out of, or in connection with, these Terms, the transactions contemplated herein, or the relationship of the parties, shall be resolved exclusively by binding arbitration before the AAA in the county of Hillsborough (or via remote means, if so determined by the arbitrator), and the prevailing party shall be entitled to recover its attorneys’ fees and costs. Any claim filed with the AAA shall remain in arbitration. If a claim or a counterclaim is filed in a court of competent jurisdiction, the party responding to the claim or counterclaim may remove the entire action to the AAA for arbitration. Unless the parties otherwise agree in writing, all arbitrated claims shall be resolved under the Commercial Arbitration Rules of AAA in force at the time of the filing of the arbitration. The arbitral tribunal will be composed of a single arbitrator selected by agreement of the parties or, if no agreement on the selection of the arbitrator is reached within thirty (30) days after the demand for arbitration is properly filed, then by AAA. Arbitration awards may be enforced as provided by applicable law. All arbitration proceedings shall remain confidential to the fullest extent permitted by law. The arbitrator shall have power to issue temporary and permanent injunctions, equitable relief, specific performance, and declaratory relief. arbitrator shall resolve the dispute within 180 days of the filing of the commencement of arbitration except as otherwise agreed to by the Parties or if extraordinary circumstances require otherwise. You and Fizz & Bubbles agree that the provisions of this Section affect interstate commerce and that the enforceability of this Section will be interpreted and enforced in accordance with the law of the State of Florida, the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), and federal arbitration law, to the maximum extent permitted by applicable law. You and Fizz & Bubble clearly and unmistakably agree that the arbitrator shall have the power to rule on his or her own jurisdiction, and the existence, scope, validity, and arbitrability of these Terms. This delegation provision shall be deemed a contract entered into under the law of the State of Florida and will be governed by the laws of the State of Florida together with the Federal Arbitration Act. The arbitrator shall apply the law of the State of Florida to all substantive issues in the dispute; provided, however, if the law of the State of Florida shall be deemed unenforceable due to the law of the state in which you are a resident, the arbitrator shall apply the law of the state in which you have you are a resident. Notwithstanding anything to the contrary, the arbitrator shall apply the laws of the State of Florida and the Federal Arbitration Act to interpret and enforce these Terms to arbitrate disputes and each of its provisions, including with regard to any issues over acceptance of the terms of the agreement to arbitrate disputes. Judgment on the award rendered may be entered by any court of competent jurisdiction. The arbitrator, Fizz & Bubble, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
If any portion of this Section is found to be unenforceable or unlawful for any reason: (i) the unenforceable or unlawful provision shall be severed from this Section; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
You have the right to opt out of binding arbitration within fourteen (14) calendar days of the date you first accepted these Terms, including this Section. You may exercise this right to opt out by sending a written opt-out notice via certified mail to Fizz, LLC, 8224 East Broadway Avenue, Tampa Florida 33619, United States. To be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. If you do not timely opt out of binding arbitration, you agree to resolve disputes in accordance with this Section.
11. Miscellaneous Terms