Consumer Sales Terms and Conditions
Thank you for visiting the Fizbag website. Please take the time to read the following rules that govern the use of the site. Note that by using this site, you agree to be bound by these terms and conditions.
If you have any questions or would like further information, please feel free to contact us at sales@fizbag.com.
ORDERS AND SHIPPING & HANDLING
Orders
Fizbag reserves the right to decline an order for any of the following reasons:
- The credit card is not in your own name
- The card is not authorised and is rejected
- The billing address is incorrect
- You cannot verify the card’s security checks
- There are insufficient funds to cover your costs
- Your product is not available. We cannot guarantee that all items will be available immediately as some items sell much faster than our held stocks will allow. If your item is not available, we will contact you within 24 hours of receipt of your order. At that point we will notify you of our expected delivery dates.
- Fizbag accepts most credit or debit cards through Sage Pay.
All payment transactions take place within the United Kingdom and are taken in GBP. If you are shopping outside of the UK your credit/debit card will convert your purchase to your own currency.
Any possible dispute will be resolved only in Jersey.
Your order is NOT a contract of sale until it has been paid in full, we have checked our stock AND you receive your order confirmation number by email. Please take note of this number and retain for any future correspondence.
We aim to have all of our items in stock and sent out to you within 3 working days from receiving your order. In the very unlikely event that we do not have your item in stock, we will notify you within 24 hours of receipt of your order.
Product images on the website are not to scale. Some of our products may appear smaller than their actual size so that we can show the entire product, while other products may look larger than their actual size due to the need to show the detail.
SHIPPING & HANDLING
For deliveries outside the UK, local taxes and import duties will be payable upon receipt of goods. Our shipping and handling rates are determined by the monetary value of the item(s) and are calculated before any taxes. Please note that all international orders are placed at the risk of the customer. Fizbag is not responsible for any international orders that may be lost.
Shipping and handling rates and times within the United Kingdom, the Channel Islands, IOM
Standard charge for postage and packaging is £1.00 for deliveries within the United Kingdom and Channel Islands, £2.00 within the rest of Europe and £3.00 for the rest of the world.
GUARANTEE AND RETURNS POLICY
Our Guarantee
Fizbag guarantees the quality of our products to you. If, for any reason, you are not satisfied with your purchase, we will help you with a refund or exchange.
Refunds for items returned to us (with original receipt) within 21 days of the original purchase will be credited on the original payment card. Items returned between 21 and 28 days after the purchase date will be exchanged for a credit note. This will be redeemable for one year.
Returns and Exchanges
All goods must be new and unused and, where appropriate, in their original pouch.
The initial shipping and handling charges are not refundable. If you have an exchange for the same amount (or less) as the initial purchase, we will not charge you additional shipping and handling.
All items are the customer’s responsibility until we receive them
How to Return or Exchange
- All returns must be confirmed to us within 7 days by email at sales@fizbag.com. You will need to provide us with the original order number (similar to 123456-123456-1234) and you will then be given a Return Authorisation Number.
- Include the Return Authorisation Number with your unused goods and post to Fizbag at the following address:
Returns
Fizbag Limited
Heron House
L’Avenue de la Commune
St Peter
JERSEY
JE3 7BY
Channel IslandsWe suggest you consider using recorded delivery post and retain proof of posting. All items are returned to us at the customer’s expense and are the customer’s responsibility until we receive them.
- We will ring or email you to confirm your items have been received by us. You should receive your full refund or exchange order within 2 weeks of our receipt.
Retail Trading Terms and Conditions
Ordering & Invoicing
Orders can be taken by fax, telephone or in writing, either via a Fizbag agent or the Retailer.
Goods are charged at the price ruling at the time of dispatch. United Kingdom deliveries are also subject to VAT at the standard rate. For deliveries outside the United Kingdom, VAT may not be charged subject to conformity with HM Customs rules.
All invoices are shown in sterling unless otherwise stated.
Fizbag Limited offers 30 days trading terms through Lloyds TSB Commercial Finance to established businesses. Fizbag Limited operates on a proforma invoice basis for all other customer orders.
Cancellations
Cancellations will only be accepted at our discretion. We must be notified of cancellation immediately by telephone and cancellation confirmation must also be made in writing in the case of bespoke orders. With regards to bespoke order cancellations, the customer will be liable for the cost of any tooling, materials committed to by us, and any labour undertaken, up to the time of cancellation should we agree to accept cancellation.
Our Right to Terminate
With regards to a bespoke order, and the ordering of our standard goods, we may terminate the order without liability to the customer by giving notice to the customer at any time if:-
- The customer makes any voluntary arrangement with creditors (within the meaning of the Insolvency Act 1986) or being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
- An encumbrancer takes possession, or a receiver is appointed of any of the property or assets of the customer; or
- The customer ceases or threatens to cease to carry on business; or
- We reasonably apprehend that any of the events mentioned above is about to occur in relation to the customer and notifies the customer accordingly.
Delivery
All goods are sold subject to stock availability. No guarantee or warranty as to the rate or the time of dispatch is to be given or implied. All dates and times given are intended as best estimates only.
We will try to ensure compliance with any delivery times and dates given, such times and dates are an estimate only and we will not be responsible for any loss whatsoever arising from or consequential upon delay in delivery.
For orders placed for delivery outside the United Kingdom, please contact us for delivery charges and the range of methods available. However, you may use your own nominated carrier to collect the goods.
When a delivery is made it is the responsibility of the customer to ensure the correct numbers of cartons are delivered. You must indicate on the delivery note any discrepancies when signing for the delivery.
Claims
Claims for non-delivery must be notified to Fizbag Limited in writing within ten days of the invoice date.
In the event of a claim in matter of error, omission or breakage, Fizbag Limited must be informed within 14 days of delivery. This should enable the query to be resolved before the payment due date. If the query is raised outside the 14 days then full payment of the invoice must still be made within the agreed payment terms. We also reserve the right not to accept claims made after the expiry of these times.
Returns
Returns are not accepted by Fizbag Limited without prior approval and authorisation. Any returns agreed to will be subject to a restocking and inspection charge. Fizbag Limited do not operate on a sale or return basis and bespoke orders cannot be returned since they have made especially for the customer.
Payment
Trading credit terms invoices are to be settled within 30 days of invoice date. We reserve the right to charge interest at 5% above Barclays Bank plc minimum lending rate on any overdue account and to withhold the supply of further goods pending payment in full. We also reserve the right to authorise a third party organisation, or apply legal proceedings, to retrieve any outstanding customer debts at our discretion. Fizbag Limited also reserve the right to deny previously offered credit trading terms on future customer orders with a history of slow/bad invoice payment.
Fizbag Limited understands and will exercise its statutory right to claim interest and compensation for costs incurred for debt recovery under late payment legislation if payment is not made in accordance with credit terms.
Title
Equitable and beneficial ownership of products supplied shall not pass to you until payment has been made in full and until such time you will hold the products in a fiduciary capacity for us so that in the event of prior resale we shall be entitled in law and in equity to the proceeds of such sale or any claim for the same. All risks in the product shall pass on delivery to your premises.
Intellectual Property
Fizbag Limited is the owner of all copyright, design rights including patents, patents pending and registered designs in the products manufactured by us and these rights are not transferred with the sale of the goods and may not be reproduced by you or any other third party.
Any drawings or technical information provided by us to you in the course of our business relationship is to be treated as confidential and may not be passed to any third party without prior authorisation from us. Such information must be returned on request.
Where the customer has provided drawings and /or specifications to Fizbag Limited for manufacture, the customer agrees to indemnify us against all claims for infringement of any third party’s intellectual property rights (including but not limited to: patents, trademarks, copyright, design rights) caused by accepting your instructions to manufacture any item resulting in such a claim against us.
If we have concerns about the provenance of any design we reserve the right to refuse your order on both ethical and legal grounds.
Force Majeure
Any quotations or orders accepted are subject to shortage of raw materials, fuel or power, shortage of labour or transport, breakdown or partial failure of plant or machinery at the works of its suppliers or sub-contractors not withstanding that Fizbag Ltd has taken all reasonable steps to procure the same.
In respect of any interruption in the normal operation of Fizbag Limited arising from act of god, Government action or any acts, orders or regulations of Government, strikes or lockouts, civil commotion, riots or any other cause of whatsoever nature beyond the control of Fizbag Limited. No liability can be accepted by Fizbag Ltd for any consequential loss or damage.
Upon the happening of a ‘’force majeure’’ event we shall be entitled to a reasonable extension of time for the performance of our obligations.
Liability
Under no circumstances shall the Fizbag Limited liability (in contract, tort or otherwise) in any matter arising out of or in connection with this contract of the goods supplied, exceed the invoice price of the particular pieces concerned and furthermore Fizbag shall be under no liability for the loss or damage or delay howsoever arising, caused by circumstances outside its control.
Fizbag take no responsibility for any damage caused to items such as clothing etc through the use of our products. The consumer uses our products at their own risk.
General
Unless otherwise agreed in writing by a director of Fizbag Limited, these Terms and Conditions of sale which supersede any earlier Terms and Conditions of sale shall override any terms and conditions stipulated, incorporated or referred to by the purchaser whether in the order or in any negotiations proceeding the formation of this contract.
Variation of Terms
Any variation of the Terms and Conditions of any contract shall become binding only if confirmed in writing by a Director of Fizbag Limited.
Complaints
We aim to provide a high level of service and long term value as a supplier. If you do have an enquiry or complaint regarding goods provided by us please address them to Fizbag Limited at our usual address or by fax to 01534 485491.
Jurisdiction
If any part of these terms ad conditions are found to be unlawful it shall not affect the validity or enforceability of the remaining clauses. These terms and conditions shall be construed in accordance with the laws of Jersey and shall be subject to the exclusive jurisdiction of the Jersey courts.
Company searches
We reserve the right to search credit reference agencies, fraud prevention agencies, and websites that represent you to check your identity, credit status, and help us make decisions. We may decline standard credit trading terms as a result of our checks.
