Terms and Conditions

TERMS AND CONDITIONS AND REFUND POLICY FOR FIX’D FLAVORS LLC.

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Terms of Sale:

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All sales of products are sold FOB FIX’D Flavors  dock with risk of loss and title to pass upon shipping regardless of who is paying for the shipping.

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User Agreement:

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You must read and agree to these Terms and Conditions before ordering any products from the Website. By placing your order you agree to be bound by the following Terms and Conditions:

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Product Disclaimer:

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I understand the statements regarding FIX’D Flavors products have not been evaluated by the Food and Drug Administration. FIX’D Flavors products are not intended to diagnose, treat, cure or prevent any disease.

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I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that the products listed on this website are not intended or to be used to treat any type of medical condition.

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Warning:

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FIX’D Flavors is not intended for use by persons under 18 years of age. Consult a physician before using any of our Products if you have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other medications. If you are pregnant or nursing, please consult a qualified healthcare professional before using FIX’D Flavors products.

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Payment Terms:

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By ordering today I am authorizing the credit card I provide to be charged by clicking to order. I represent that I have read and agree to the Privacy Policy and full Terms and Conditions of this offer and I understand that I will be liable for payment of product that was shipped to me.

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Guarantee:

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We stand behind the products we manufacture and guarantee that they are brand new, authentic, and in original packaging.

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Return and Refund Policy:

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All new and unopened products come with a 30-day, money-back guarantee based on the delivery date as provided by the shipper, except for specific product guarantees as advertised on the specific Fixdflavors.com  product pages and official FIX’D Flavors marketing messaging distributed directly by FIX’D Flavors. To receive a refund or to return products, please contact our customer support team at +1 (844) 307-3493 For all products over 30 days, sales are considered final.

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Exchange Policy:

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If any products arrive damaged or broken, or part of your order is missing, you must notify the Company within 3 days of delivery. If you receive a delivery notification from FIX’D Flavors and you believe your order was not delivered, you must notify the company in 7 days or you forfeit the ability to request a replacement.

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Purchases Disclaimer:

Given the uncertainty and rapid pace of change of relevant laws, FIX’D Flavors makes no representation as to the legality of CBD or other cannabinoids under laws applicable to you. Purchases are at your own risk.

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Resale:

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You agree not to resell any FIX’D Flavors products on any on-line marketplace site, such as Amazon or Groupon.

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Arbitration:

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Any controversy or claim arising out of or relating to your purchase or these terms and conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

Returns

Merchandise returns must be made in accordance with FIX’D Flavors return policy available at fixdflavors.com.

Limitation of Liability

FIX’D FLAVORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON FIX’D FLAVORS LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM FIX’D FLAVORS AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.

Intellectual Property

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All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by FIX’D Flavors and may be registered in the United States and internationally.

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No Warranty

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FIX’D Flavors and each of its subsidiaries and affiliates, along with each such entity’s respective officers, directors, employees, and agents make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.

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Program Changes

FIX’D Flavors reserves the right to vary any or all of the terms of the Program, to amend these Terms of Service, or to terminate the Program, at any time without notice and without further obligations to users, including, but not limited to, modifications which: a) govern Points earned on and after the date of the change; or b) change the value of already accumulated Points. Notice of any such changes, amendments or termination may be provided to users via email, or by being posted on the fixdflavors.com website and will be effective immediately, unless otherwise stated in such notification.

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Dispute Resolution

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These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas and any dispute shall be subject to binding arbitration in Guadalupe County, Texas. If any provision of this Agreement shall be found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

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Class Action Waiver

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You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

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The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration. If this Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the dispute will be decided by a court.

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