Terms of Service

Fiesta Carnival
Terms of Service

Effective Date: April 29, 2026
Last Updated: April 29, 2026

1. Introduction

This website (the "Site") is operated by Fiesta Carnival ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Site, including any purchases you make through it. By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, please do not use the Site.

You must be 18 years or older to make a purchase through the Site. By using the Site, you represent that you meet this requirement and that all information you provide is accurate, current, and complete.

2. Changes to These Terms

We may update these Terms at any time at our sole discretion. The "Last Updated" date above reflects the most recent revision. Material changes will be highlighted on the Site for at least 30 days following posting. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms. We encourage you to review this page periodically.

3. Accounts

You may browse the Site without an account, but certain features (such as order history and saved addresses) require registration. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use. We reserve the right to suspend or terminate accounts that violate these Terms, are inactive for an extended period, or are suspected of fraudulent activity.

4. Products, Pricing, and Order Acceptance

All prices are in U.S. dollars and are exclusive of applicable sales tax. For purchases picked up at our Anaheim, California location, the applicable sales tax rate is currently 7.75%.

Prices, product descriptions, and availability are subject to change without notice. Product colors and appearance may vary slightly from images shown due to monitor settings, lighting, and manufacturing variations.

Your order constitutes an offer to purchase. No contract is formed until we send an order confirmation. We reserve the right, at our sole discretion, to limit, cancel, or refuse any order — including orders that appear to result from a pricing or inventory error, orders that exceed reasonable retail quantities, or orders we suspect to be fraudulent or placed by resellers without authorization. If we cancel an order after payment, we will refund the full amount charged.

Inventory shown on the Site is updated regularly, but may not reflect real-time stock. Items available online may not be available in store, and vice versa. We recommend contacting us to confirm availability before visiting our retail location.

5. Payment

We accept major credit cards, debit cards, and other payment methods displayed at checkout, all in U.S. dollars. By submitting payment information, you authorize us (and our payment processors) to charge the total order amount, including taxes. If a payment is declined, reversed, or charged back, we may cancel the order, suspend your account, and pursue collection of amounts owed, including reasonable costs.

6. Order Fulfillment — In-Store Pickup Only

At this time, Fiesta Carnival fulfills online orders through in-store pickup only at our Anaheim retail location (2084 E Lincoln Ave, Anaheim, CA 92806). We do not currently offer shipping or home delivery for online orders.

Pickup hours are: Monday–Friday 10:00 AM–7:00 PM, Saturday 9:30 AM–6:30 PM, Sunday 11:00 AM–6:00 PM (Pacific Time). Hours are subject to change on holidays; please contact us to confirm.

You will receive an order confirmation by email when your order is placed. We will notify you when your order is ready for pickup. Orders not picked up within 14 days of the ready notification may be subject to cancellation and restocking; we will contact you before cancelling.

Some items — including helium balloon filling services — are available in-store only and cannot be ordered online. For large or custom orders, please contact us in advance at (714) 603-7543.

Future shipping: We intend to offer shipping in the future. When shipping becomes available, these Terms will be updated to reflect applicable shipping policies, rates, and carrier terms.

7. Returns and Refunds

We want you to be satisfied with your purchase. Eligible items may be returned within 30 days of pickup (or in-store purchase) for a refund or exchange, subject to the conditions below.

Conditions for return:

• Items must be unused, undamaged, and in their original, unopened packaging.
• A receipt or order number is required.
• Refunds are issued to the original payment method within 5–10 business days after we receive and inspect the returned item.

Items NOT eligible for return:

• Customized, personalized, or custom-printed items (including custom-printed balloons).
• Opened packs of tableware, costumes, wigs, makeup, or any item where hygiene or food-contact safety is a concern.
• Helium tanks, latex/foil balloons that have been inflated, and consumable items.
• Helium inflation services — balloon inflation cannot be refunded.
• Clearance, final-sale, and gift card purchases.
• Seasonal and holiday items (Halloween, Cinco de Mayo, graduation, Christmas, Valentine’s Day, etc.) returned within 14 days of, or any time after, the relevant holiday.
• Sale items including piñatas, candy, pottery, and glass items marked as final sale.

To initiate a return, contact us using the information in Section 17 (Contact). We reserve the right to refuse returns that do not meet the above conditions.

8. Promotions, Discounts, and Gift Cards

Promotional codes and discounts are subject to the terms communicated at the time of the offer. Unless otherwise stated: codes cannot be combined with other offers, have no cash value, are limited to one per order, are non-transferable, and may be revoked at any time. We reserve the right to disqualify orders that we believe abuse our promotions.

Participation in any loyalty, school, teacher, or community partnership discount program is subject to additional terms communicated at enrollment, and we may modify or end any such program at our discretion.

Gift cards are issued in U.S. dollars, do not expire, and are redeemable only for merchandise. Gift cards are not redeemable for cash except where required by law (in California, gift card balances of less than $10 may be redeemed for cash on request, in accordance with California Civil Code §1749.5). Lost or stolen gift cards will not be replaced.

9. Electronic Communications, Email, and SMS

By placing an order or creating an account, you consent to receive transactional communications (order confirmations, pickup notifications, returns) by email and, where you provide a mobile number, by text message. Marketing email and SMS messages are sent only to customers who opt in separately. Standard message and data rates may apply. You can unsubscribe from marketing emails at any time using the link in any marketing message, and from SMS by replying STOP. We comply with applicable laws including CAN-SPAM and the Telephone Consumer Protection Act (TCPA).

10. Intellectual Property

All content on the Site — including text, graphics, logos, images, product descriptions, and software — is the property of Fiesta Carnival or its content suppliers and is protected by U.S. and international intellectual property laws. You may not reproduce, distribute, modify, display publicly, or create derivative works from any content on the Site without our prior written permission. Unauthorized scraping, data mining, or use of our content for AI training without our express written consent is prohibited.

11. User Conduct

You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site. Prohibited activities include, but are not limited to: violating any law; infringing intellectual property rights; transmitting malware or other harmful code; attempting to gain unauthorized access to any portion of the Site; using automated tools to scrape or copy content; or interfering with another user's use of the Site.

12. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FIESTA CARNIVAL DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above exclusions apply to the maximum extent permitted by law.

13. Limitation of Liability

To the fullest extent permitted by applicable law, Fiesta Carnival and its directors, officers, employees, agents, suppliers, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, revenue, data, goodwill, or other intangible losses — arising out of or in connection with your use of the Site or any product purchased from us, even if we have been advised of the possibility of such damages.

Our total cumulative liability for all claims arising out of or relating to these Terms or your purchase shall not exceed the greater of (a) the amount you paid for the specific product or service giving rise to the claim in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence, willful misconduct, or personal injury caused by our negligence.

14. Indemnification

You agree to indemnify and hold harmless Fiesta Carnival, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, and reasonable attorneys' fees arising out of (a) your breach of these Terms, (b) your misuse of the Site or any product, or (c) your violation of any law or third-party right.

15. Dispute Resolution; Arbitration; Class Action Waiver

Informal resolution.
Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of our receipt of your notice, either party may proceed with formal proceedings as set out below.

Binding arbitration.
Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any product purchased shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in Orange County, California, in English, before a single arbitrator. We will pay the AAA filing, administrative, and arbitrator fees that exceed the cost of filing a comparable lawsuit in small-claims court, except where the arbitrator determines that your claim was frivolous or brought for an improper purpose. The arbitrator's decision is final and binding.

Class action waiver.
YOU AND FIESTA CARNIVAL AGREE THAT ANY DISPUTE WILL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims and may not preside over any form of class proceeding.

Exceptions.
Either party may bring an individual claim in small-claims court for any dispute within that court's jurisdiction. Either party may also seek injunctive or equitable relief in court to protect its intellectual property rights.

30-day right to opt out.
You may opt out of the arbitration agreement and class action waiver in this Section 15 by sending written notice within 30 days of first accepting these Terms. Notice must include your name, address, email used for the account or order, and a clear statement that you wish to opt out of arbitration. Send notice to Fiesta Carnival, 2084 E Lincoln Ave, Anaheim, CA 92806, or to fcanaheim2022@gmail.com. Opting out will not affect any other provision of these Terms.

16. General Provisions

Governing law.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Force majeure.
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, fire, flood, pandemic, epidemic, war, terrorism, civil unrest, labor disputes, carrier failure, supplier failure, power or telecommunications failure, or government action.

Severability.
If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

No waiver.
Our failure to enforce any provision is not a waiver of that provision or any other provision.

Assignment.
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Entire agreement.
These Terms, together with our Privacy Policy and any policies referenced at checkout or in your order confirmation, constitute the entire agreement between you and Fiesta Carnival regarding your use of the Site, and supersede any prior agreements on the same subject.

California consumer notice.
Under California Civil Code §1789.3, California users are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

17. Contact

Questions about these Terms or your order should be directed to:

Fiesta Carnival
2084 E Lincoln Ave
Anaheim, CA 92806
Phone: (714) 603-7543
Email: fcanaheim2022@gmail.com