Terms of Service — Fizzyble

Introduction

This website (www.fizzyble.com) is operated by Fizzyble Inc. These Terms of Service govern your access to and use of the website and related digital services. By accessing or using our services, you acknowledge that you have read and agree to be bound by these Terms and our Privacy Policy.

These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines, including the Civil Code of the Philippines, the Consumer Act of the Philippines (Republic Act No. 7394), and the Electronic Commerce Act of 2000 (Republic Act No. 8792).

Eligibility and use of the service

You must be at least 18 years of age and not prohibited by Philippine law from using our services. Products purchased through our website are intended for personal or household use only, and not for resale or redistribution.

Changes to terms

We may modify these Terms from time to time. Material modifications become effective 15 days after posting notice on the website. Continued use of the service after such notice constitutes your acceptance of the modified Terms.

Description of the service

Our platform enables you to browse, purchase, and receive Fizzyble products, access customer support, and receive order-related communications. Fizzyble reserves the right to modify, suspend, or discontinue any aspect of the service without prior notice.

Products, availability, and accuracy

Product descriptions, images, and pricing on our website are made as accurate as possible. However, we do not warrant that product descriptions or other content are error-free. Prices are in Philippine Pesos (PHP) unless otherwise stated, and are subject to change without notice. Limited-quantity items are subject to availability.

In accordance with the Consumer Act of the Philippines (RA 7394), all products sold comply with applicable quality and safety standards. Product information is presented in a manner that is not misleading or deceptive to consumers.

Orders and payment

When you place an order through our website, you are making an offer to purchase the products in your order. We reserve the right to accept or decline your order for reasons including fraud, unauthorized activity, pricing errors, or product unavailability.

You authorize our payment processors to charge the full order amount including applicable taxes and shipping. All payment information must be accurate and properly authorized. In compliance with the Electronic Commerce Act (RA 8792), electronic transactions and signatures have the same legal effect as their traditional counterparts.

Shipping, risk of loss, and returns

Shipping dates are estimates and not guarantees. Title and risk of loss transfer to you upon receipt of the product.

In accordance with the Consumer Act of the Philippines and Department of Trade and Industry (DTI) regulations:

You may return defective products within thirty (30) days of receipt for replacement or refund
Products that do not match their description or are not fit for their intended purpose may be returned
Refunds will be processed to the original payment method within 5–10 business days of receiving the returned item
You may cancel your order before it has been shipped for a full refund

Communications (email and SMS)

By placing an order, you consent to receive transactional order-related emails and SMS messages. Marketing communications require your separate opt-in consent. You may opt out at any time by replying STOP to any SMS, clicking the unsubscribe link in any email, or contacting us at [email protected].

Intellectual property

All content, designs, logos, trademarks, and materials on our website are owned by or licensed to Fizzyble Inc. and are protected under the Intellectual Property Code of the Philippines (Republic Act No. 8293). You are granted a limited, non-exclusive, non-transferable, revocable license for personal, non-commercial use only. Any unauthorized reproduction, distribution, or creation of derivative works is prohibited.

Personal information

Your submission of personal information through our website is governed by our Privacy Policy, which complies with the Data Privacy Act of 2012 (Republic Act No. 10173) and its Implementing Rules and Regulations.

Prohibited uses

You may not use our services to violate any laws, infringe on intellectual property rights, use automated tools to scrape or access our systems, introduce malware, or engage in abusive or fraudulent conduct. Violations may result in suspension or termination of your access.

Third-party services and links

Our website may contain links to or integrate with third-party services. We disclaim all liability arising from third-party services, including outages, errors, or data issues, to the extent permitted by Philippine law.

Disclaimers

Our services and products are provided on an "as is" and "as available" basis. To the extent permitted by Philippine law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. This disclaimer does not affect your statutory rights under the Consumer Act of the Philippines.

Limitation of liability

To the fullest extent permitted by Philippine law, Fizzyble shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of our services or products. Our total liability is limited to the amounts you have paid for the relevant order within the preceding 12 months. This limitation does not apply to claims arising from product defects or gross negligence.

Dispute resolution

In the event of any dispute arising from or relating to these Terms, the parties shall first attempt to resolve the matter amicably through direct negotiation by contacting us at [email protected].

If the dispute cannot be resolved within thirty (30) days through direct negotiation, either party may file a complaint with the Department of Trade and Industry (DTI) for mediation under the Consumer Act of the Philippines, or pursue other remedies available under Philippine law.

For disputes involving amounts exceeding the jurisdictional threshold, the parties agree to submit to binding arbitration in accordance with Republic Act No. 9285 (Alternative Dispute Resolution Act of 2004), to be conducted in Metro Manila, Philippines.

Nothing in this section shall prevent you from filing a complaint with the appropriate government agency, including the DTI or the National Privacy Commission.

Governing law

These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of Manila, Philippines.

Force majeure

Fizzyble shall not be liable for any failure or delay in performing its obligations due to events beyond its reasonable control, including but not limited to natural disasters, typhoons, earthquakes, war, pandemics, labor disputes, government action, or any other force majeure event.

Severability

If any provision of these Terms is found to be unenforceable or invalid under Philippine law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Termination

We may terminate or suspend your access to our services without prior notice if you fail to comply with these Terms. Upon termination, all obligations accrued prior to termination shall survive, and you remain liable for all amounts due.

Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fizzyble regarding the use of our services, and supersede all prior communications and agreements.

Contact information

If you have any questions about these Terms of Service, please contact us:

Email: [email protected]
Phone: +63 928 858 0066
Address: Fizzyble Inc., Mimosa PGMH Penafrancia, Paco Manila 1007, Philippines