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Terms of Sale

TERMS OF SALE

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY. SECTION 12 INCLUDES AN ARBITRATION PROVISION REQUIRING INDIVIDUAL FINAL ARBITRATION OF DISPUTES INSTEAD OF JURY TRIALS AND THE CUSTOMER WILL NOT BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AS A CLASS MEMBER IN A CLASS ACTION OR SIMILAR PROCEEDING.


Fire Cold Plunge LLC (“FCP” or “we”, “us” or “our”) welcome the Customer, the customer (the "Customer(s)" or “you”) to our online places of business, https://firecoldplunge.com, (“Website”).  The Website is the property of FCP and will be referred to as the “Store.”


These Terms of Sale apply to any purchase of product on the Store (“Product”) or the services provided by FCP (“Services”).  BY CLICKING ANY “BUY” OR “ORDER” BUTTON OR OTHERWISE INITIATING AN ORDER THROUGH THE STORE, THE CUSTOMER ACKNOWLEDGE AND AGREE THAT THE CUSTOMER HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SALE. IF THE CUSTOMER DO NOT AGREE TO THESE TERMS OF SALE, DO NOT MAKE ANY PURCHASE(S).


FCP’s Terms of Use applies to the Store and is made a part of these Terms of Purchase.  Matters not set forth herein shall be determined by the Terms of Use.   In the event of any conflict between the Terms of Purchase and the Terms of Use, the Terms of Purchase will prevail. Nothing in our website is intended to, nor shall it, alter, modify, expand, restrict, or conflict with these Terms of Sales. Please note that FCP’s Privacy Policy applies to The Customer’s use of the Store and information The Customer provide while making a purchase. Please read the Privacy Policy carefully.




  • Price 
  • We aim to provide our customers with competitive prices on the products we offer. Prior to submitting his/her order, a Customer will have the opportunity to review product prices and any applicable sales tax, shipping, and handling charges. Prices are exclusive of, and the Customer shall pay, all taxes, duties, levies or fees, or other similar charges imposed on FCP or on the Customer by any taxing authority (other than taxes imposed on FCP's income) related to Customer's order.


    If the Customer feel the Customer’s order should be tax exempt, the Customer must provide a valid tax exempt certificate—other than a resale certificate—at the time the Customer place the order. 


    Price, specifications, availability and terms of offers may change without notice. Items sold by fcp.com are not for immediate resale. Orders that do not comply with firecoldplune.com terms, conditions, and limitations may be cancelled. 


  • Payment
  • Unless otherwise acknowledged in writing by FCP, payment on all orders shall be due on ordering. In the event of a reversal of charges or on any overdue accounts, the Customer shall not be allowed any discount given in that invoice and the Customer agrees to pay a monthly late payment interest of 1.25%, or the legally permissible rate, whichever is lowest, which shall be assessed on all overdue amounts, including previously-assessed late payment interest. The Customer agrees to be responsible for all costs of collection, including the reasonable attorney fees or collection agency fees paid by FCP.


    The Customer may purchase Product using credit cards or third party payment options. All information the Customer provide at the time of his/her purchase must be valid, accurate and up-to-date.


    Direct credit-card payments are provided via our third-party payment service provider. FCP does not process or store the Customer’s credit card information. By submitting the Customer’s credit card information, the Customer is sending the Customer’s basic, purchase, and financial information to our third-party payment service provider to process the Customer’s payment and (if elected) store the Customer’s information for future purchases. We encourage The Customer to review our third-party payment service provider's privacy policy and terms before use. The Customer’s credit card will be charged when we accept the Customer’s order. FCP will not be responsible for any failures of the third-party payment service provider to adequately protect the Customer’s information. Please be advised that  we may change the third-party payment provider from time to time.


    Third-party payment options may also be offered during the checkout process. These payment options are provided by third-parties. We encourage The Customer to review the third-party provider's terms of use and privacy policy before use. FCP will not be responsible for the Customer’s relationship with the third-party provider.


    1. Order 

    An order confirmation does not signify the acceptance of the Customer’s order or constitute a confirmation of sale. FCP may accept or decline the Customer’s order for any reason and at any time after receipt of the Customer’s order. The Customer’s order is effective only after it is accepted by us and full payment has been received. All orders are non-refundable. After shipment, our Returns Policy takes effect.


    If FCP rejects or otherwise modifies the Customer’s order, FCP will notify the Customer using the email address or other contact information the Customer provide to us. If FCP cancels an order or part of an order that we have already charged the Customer for, we will refund the Customer the full amount of payment.


  • Shipment
  • We will use commercially reasonable efforts to deliver products in a timely manner using the information that the Customer provide with the Customer order. Unless otherwise indicated at the time of the Customer purchase, shipping and handling fees are included with the Customer order. We reserve the right to increase, decrease, add or eliminate shipping and handling fees from time to time. Shipping and handling fees will be disclosed at the time of purchase. Shipping dates and arrival times are only estimates and cannot be guaranteed.


    We ship to street addresses within the 50 United States and the District of Columbia. We cannot deliver to P.O. boxes, private mail box stores, freight forwarders, United States territories, or addresses outside the 50 United States and the District of Columbia. 


    For the Customer’s protection, a signature is required for most deliveries. If the Customer change his/her address after placing an order, we reserve the right to cancel the Customer’s order or charge the Customer for any extra costs associated with a change in delivery address.


    Since the actual delivery of the Customer’s order can be impacted by many events beyond our control once it leaves our facilities, we are not liable for late deliveries. We will, however, work with the Customer to ensure a smooth delivery and communicate delays in shipment as we become aware of delays.


    As we take care of the fulfillment and shipping of the products the Customer purchase on our store, the risk of loss of, or damage to, product(s) shall pass to the Customer when the Customer, or a person designated by the Customer, acquires physical possession of the product(s). Title in the product(s) shall pass to the Customer when the product(s) is picked up by the carrier from our warehouse. At this point, the Customer will receive the shipment notification email. The Customer will need to schedule the delivery within two business days from the day the Customer are contacted. If the Customer fail to do this or if the order cannot be delivered due to the Customer’s fault, it may result in storage fees. Storage fees must be paid by the Customer before the shipment is released.


    If the delivery carrier cannot successfully contact the Customer, delivery will be delayed or cancelled. All deliveries will be made as curbside drop-off. Carriers deliver to the curbside of the Customer's premises only. The Customer is responsible for placing the Product inside his/her home. If a Customer request white glove delivery to his/her room of choice, it will incur additional charges.


    If The Customer need to reschedule the Customer’s delivery date, The Customer must notify FCP before the order leaves our warehouse; otherwise, The Customer may be charged a storage fee.



  • Inspection on Delivery

  • The Customer agree to inspect the Customer order on delivery. The Customer agree to note all claims of shortages or apparent damage on the shipping receipt at the time of delivery. 


    DO NOT SIGN UNTIL YOU INSPECT THE ITEM(S) CAREFULLY. If the ITEM arrives damaged, notate THE SPECIFIC DAMAGE on Delivery Receipt and REFUSE THE SHIPMENT. Then sign where appropriate, and retain a copy for yourself. IF THE CUSTOMER HAVE ANY QUESTIONS AT TIME OF DELIVERY CALL CUSTOMER SERVICE AT 361 209 7324 IMMEDIATELY. 


    By failing to notate THE SPECIFIC DAMAGE on the receipt at the time of delivery, the Customer is agreeing that the Customer received the ITEM(S) in good condition and exact quantities and is waiving his/her rights to a claim. FCP is not responsible for any minor damages or damages that are not noted on the delivery receipt.


  • Missing or Improper Items

  • The Customer must inform us within 72 hours of delivery of any claim that there are any missing items or that any item was not what the Customer ordered or otherwise did not conform to the terms and conditions of the order. If such notice is not given within 72 hours of delivery, the goods shall be deemed to conform with the terms and conditions of the order and the Customer shall be bound to accept and pay therefor.


  • Product Availability and Limitations
  • Given supply constraints of some of our products, FCP may limit the number of products available for purchase. Additionally, there may be occasions when FCP confirms the Customer’s order but subsequently learns that we cannot supply the ordered product. In the event we cannot supply a product the Customer ordered, FCP will cancel the order and refund the Customer’s purchase price in full.


  • Personal Use
  • Products acquired by the Customer under these Terms are solely for the Customer's personal use and not for immediate resale or sub-licensing.


  • LIMITED WARRANTY AND DISCLAIMERS
  • EXCEPT AS MAY BE PROVIDED UNDER A LIMITED  WARRANTY FOR NEWLY PURCHASED PRODUCTS,  AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE STORE, PURCHASE OR USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT ACCESS TO THE STORE AND PRODUCTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. FCP DOES NOT WARRANT THAT USE OF THE STORE WILL BE CONTINUOUSLY AVAILABLE OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FCP AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR STATUTORY TERMS, CONDITIONS OR WARRANTIES, INCLUDING THOSE AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT.


    The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.


  • Limitation of Liability
  • UNDER NO CIRCUMSTANCES WILL FCP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR FOR LOSS OF INFORMATION OR DATA, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH (A) THE PURCHASE OR USE OF PURCHASED PRODUCT; AND (B) THE ACCURACY OR COMPLETENESS OF ANY PRODUCT DESCRIPTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF FCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 


    TO THE EXTENT PERMITTED BY LAW, FCP'S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID FOR THE APPLICABLE PRODUCT, AT FCP'S OPTION.


    Please note that some jurisdictions do not allow the exclusion or limitation of implied warranties, terms or conditions or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you. For further information about your statutory rights, please contact your local authority.


  • Indemnification
  • To the maximum extent permitted by law, you agree to defend, indemnify and hold FCP, its directors, officers, employees, affiliates, and agents harmless from and against any and all demands, losses, liabilities, damages or expenses, claims including reasonable attorney fees, made against FCP by any third party and arising out of or in connection with your breach of the Terms of Sale and your purchase and/or use of the Product.


  • Dispute Resolution
  • PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. 


    (a) Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your use of the Services, to any Product sold or distributed through the Website, or to any aspect of your relationship with FCP, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or FCP may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.


    (b) Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to FCP at Info@firecoldplunge.com . The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, FCP will pay them for you. In addition, FCP will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the state of Texas. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.


    (c) Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and FCP. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.


    (d) Waiver of Jury Trial. YOU AND FCP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and FCP are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 12(a) (Application of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.


    (e)Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.


    (f) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out by writing us at the following address: 5900 Balcones Dr. STE 100 Austin, TX 78731, or send an email to:Info@firecoldplunge.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you provided to us, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.


    (g) Severability. Except as provided in Section 12(e) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.


    (h) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with FCP.


    (i) Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if FCP makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing us at the following address:5900 Balcones Dr. STE 100 Austin, TX 78731.

    These Terms of Sale are governed by and construed and enforced in accordance with the internal laws of the State of Texas, without giving effect to the principles of conflicts of laws of such state, and are binding upon the parties hereto in the United States. By agreeing to these Terms, You explicitly agree that any claims or actions that You may otherwise have against FCP under the laws of any jurisdiction outside the United States are hereby waived, and that your sole location and applicable law for any dispute is in the United States according to the terms of this Section. You and FCP agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms of Purchase.


    LEGAL NOTICE TO NEW JERSEY RESIDENTS: The provisions in this section that (i) limit the period of time within which a claim may be asserted against FCP and (2) exclude certain damages do not apply to New Jersey residents.


    LEGAL NOTICE TO CALIFORNIA RESIDENTS: By using the Store, You waive your rights with respect to California civil code section 1542, which says "a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, and that, if known by him would have materially affected his settlement with the debtor or released party.


  • Miscellaneous
  • These Terms of Sale (i) inure to the benefit of and will be binding upon FCP and You and your successors and assigns, respectively, and (ii) may be assigned by FCP but you may not assign them without the prior express written consent of FCP.


    If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.


    If FCP fails or You fail to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.


  • Changes
  • We may, in our sole discretion, change these Terms of Sale (including all applicable terms, conditions, limitations and requirements on the Store), at any time, for any or for no reason, with or without notice to you. Changes to these Terms of Purchase will impact any new Orders that you place with us, but will not impact any Order that you have previously placed. 


    YOUR CONTINUED USE OF THE STORE OR ANY SERVICES ENABLED THEREBY AFTER WE CHANGE THESE TERMS OF SALE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CEASE FURTHER USE OF THE STORE IMMEDIATELY.


    Last updated: April 24, 2024

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