DELIVERING WEDNESDAYS & THURSDAYS. REFILLED, EXCHANGED, DELIVERED = $16
search

search cart 0

Terms and Conditions

MR FIZZ SODA TERMS OF SERVICE 

AGREED TERMS

  1. Who we are and how to contact us

mrfizzsoda.com is a website (Site) operated by Emily De Kort trading as Mr Fizz Soda ABN 90 529 473 237 of Poole St, Albury, NSW, 2640 (we, us and our).

To contact us, please mrfizz@mrfizzsoda.com.

  1. Our contract with you
    1. These terms and conditions (Terms) apply to any orders made by you using the Site and supply of Services by us to you (Contract). To the extent permitted by law, no other terms are implied by trade, custom, practice or course of dealing.
    2. Please read these Terms carefully before using our website to order goods or services from us. By placing an order using the Site you are deemed to have agreed to these Terms. 
    3. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in this Contract.
  2. Placing an order and its acceptance
    1. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Services) subject to these Terms.
    2. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
    3. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
    4. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
  3. Cancelling your order and obtaining a refund
    1. If you change your mind, you may cancel the Contract and receive a  either a credit or a refund, if you notify us as set out in clause 4.2 within 24 hours of your receipt of the Order Confirmation. You cannot cancel the Contract once we have completed the Services, even if the 24 hour period is still running. 
    2. To cancel the Contract, you must contact us, using the details on our website. We will email you to confirm we have received your cancellation. If you are emailing us please include details of your order to help us to identify it. 
    3. If you cancel the Contract, we will refund or provide a credit to you in full for the price you paid for the Services, by the method you used for payment. We may deduct from any refund an amount for the supply of the Services for the period up to the time when you give notice of cancellation in accordance with clause 4.2. 
  4. Our services
    1. We are providing to you a service to either (a) exchange your empty CO2 gas cylinders for a full Co2 gas cylinders or (b) to sell you a new full CO2 gas cylinder. Such are designed for use sparkling water makers only. You are responsible for ensuring that the CO2 gas cylinders are used for the purposes for which they are intended. 
    2. All orders will be fulfilled on a Wednesday or Thursday each week, provided that such order is received by the cut off date, being 5pm on the Monday of that same week. 
    3. Title and risk in the products you order transfers to you upon the completion of delivery. 
    4. You acknowledge and agree that in engaging in the CO2 cylinder exchange program you will not receive back the CO2 cylinder that you provide to us. We will take the empty CO2 cylinder and at the same time as removing the CO2 cylinder will leave a full CO2 cylinder. 
    5. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them.
    6. For the avoidance of doubt, we are not affiliated with, endorsed by, associated with or have any connection in any way to Soda-Club (CO2) SA or Soda-Club (CO2) GmbH.  
    7. We will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your order in all material respects.
    8. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
    9. The provision of services and goods under this agreement are limited to the geographical areas as specified on the website. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person or  
    10. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
  5. Your obligations
    1. It is your responsibility to ensure that:
      1. the terms of your order are complete and accurate; and
      2. you will only use the CO2 gas cylinders for their intended purpose which is for use with sparkling water makers; and 
      3. you use the CO2 gas cylinders in accordance with the operating instructions of the sparking water maker as provided by the manufacturer; 
      4. you cooperate with us in all matters relating to the goods and Services; and
      5. you provide us, our employees, agents, consultants and subcontractors, with access to your premises, office accommodation and other facilities as we may reasonably require to be able to provide you with the Services; and
      6. you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; and
      7. you prepare your premises for the supply of the Services in terms of ensuring that we can access the CO2 gas cylinders safely; and
      8. you comply with all applicable laws, including health and safety laws; and
      9. you do not use this Site for any illegal or unauthorised purpose; and
      10. you agree not to use any robot, scraper or automated means to access any material on this Site, or else monitor the material on this Site. 
    2. If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):
      1. we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services;
      2. we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
      3. it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
  6. Services in Limited Geographical Areas in Australia only

We will only perform the Services at addresses within a 10km radius of the CBD of Albury, NSW Australia as further set out https://www.mrfizzsoda.com/pages/delivery-area. We reserve the right to expand or reduce the geographical coverage for the Services from time to time by updating the Site. 

  1. Charges
    1. In consideration of us providing the Services, you must pay our charges (Charges) in accordance with this clause 8.
    2. The Charges are the prices quoted on our site at the time you submit your order. 
    3. If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
    4. Our Charges are inclusive of goods and services tax (GST). Where GST is payable in respect of some or all of the Services, you must pay us such additional amounts in respect of GST, at the applicable rate, at the same time as you pay the Charges.
  2. Payment
    1. Payment for the Services is in advance. We will take your payment upon acceptance of your order using the payment method specified during the order process. 
    2. You can pay for the Services using a debit card or credit card. We accept the following cards and methods of payment:

Visa, Mastercard, Amex, Apple Pay, Paypal, and Shop Pay. 

  1. Intellectual property rights
    1. All intellectual property rights in or arising out of or in connection with the Services will be owned by us.
  2. How we may use your personal information
    1. We will use any personal information you provide to us to:
      1. provide the Services;
      2. process your payment for the Services; and
      3. inform you about similar products or services that we provide, but you may stop receiving this information at any time by contacting us.
    2. Further details of how we will process personal information are set out in our privacy policy https://www.mrfizzsoda.com/pages/privacy-policy.
  3. Limitation of liability
    1. Nothing in this Contract limits or excludes our liability:
      1. for death or personal injury caused by its negligence or wilful misconduct or that of its employees, as applicable;
      2. for fraud or fraudulent misrepresentation by it or its employees, as applicable; or
      3. where liability cannot be limited or excluded by applicable law.
    2. Subject to clause 12.1 we will not be liable to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this Contract. 
    3. Subject to clause 12.2, our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with the supply of services under this Contract, including any breach by us of this Contract however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the amount of $100. 
    4. Nothing in this Contract is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of services.
    5. If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option, the resupply of the services or the payment of the cost of resupply.
    6. If you are returning products in accordance with your rights under the Australian Consumer Law:
      1. The CO2 cylinders do not need to be in their original packaging to be returned, however you must ensure that the products are adequately protected for transit; and
      2. you will be required to pay any delivery costs when you return items to us, however we will reimburse your reasonable delivery costs to you if you are entitled to a remedy under the Australian Consumer Law and are able to produce evidence of the reasonable delivery costs.
    7. This clause 12 will survive termination of the Contract.
  4. Force majeure
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
    3. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us. If you opt to cancel, we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
  5. Notices
    1. When we refer to "in writing" in these Terms, this includes email.
    2. Any notice or other communication given by one of us to the other under or regarding the Contract must be in writing and be sent via email.
    3. A notice or other communication is deemed to have been received  sent by email, at the time the email is sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered.
    4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
    5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
  6. Variation

Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

  1. No waiver
    1. Neither of us may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with this Contract unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.
    2. Words or conduct referred to in clause 16.1 include any delay in exercising a right, any election between rights and remedies and any conduct that might otherwise give rise to an estoppel.
  2. Severability
    1. If the whole or any part of a provision of this Contract is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.
    2. Clause 18.1 does not apply if the severance of a provision of this Contract in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under this Contract.
  3. Relationship of the parties

The Contract is between you and us. No other person has any rights to enforce any of its terms

  1. Governing law and jurisdiction

These terms and conditions, their subject matter and their formation, are governed by the laws of the State of Victoria, Australia. You and we both agree that the courts in the State of Victoria, Australia will have exclusive jurisdiction.