Please read the following conditions of sale before placing an order on this website. Fizzywhiz reserves the right, at any time, to modify these conditions of sale. These conditions of sale apply to the agreement between Fizzywhiz and you for the purchase and supply of our products.

1. Orders

By confirming that you have read and agree to be bound by our Conditions of Sale, you are making an offer to purchase the Product(s), which you have specified in your shopping basket. Our website is designed to give you every opportunity to check all input/personalisation details before you finally place your order. All orders are subject to acceptance by Fizzywhiz. Within one working day of our receipt of your order, you will receive a confirmation of your order by email, along with your order reference number. This number should be retained for future reference. Any acceptance of your order by Fizzywhiz is subject to these conditions of sale and to the availability of stock. Fizzywhiz reserves the right to withdraw any Products from the Website Shop and may, in its sole discretion, refuse to process an order for any reason at any time. Without prejudice to your statutory rights as a consumer, Fizzywhiz will not be liable to you or a third party by reason of Fizzywhiz withdrawing any Product or refusing to process any order.

2. Price and Payment

All prices are quoted in £ sterling. Except in the case of manifest error, the prices payable for Products that you order are as set out on the Website at the time at which you place your order. Payment may be made using a wide selection of credit and debit cards (please refer to our Payment Method section at the Checkout). You confirm that the credit/debit card which is being used is yours. Your credit/debit card details will be transmitted via the web to a secure server. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. Fizzywhiz reserves the right to refuse credit card payments in its reasonable discretion.

3. Description of Products

The Products depicted in the Website Shop are as seen. The reproduction of colours and styles are as accurate as photographic and image processing will allow. Fizzywhiz does not accept responsibility for slight variances in colour and style.

4. Cancellation and Returns

Unless there has been an error on our part, or the item you purchased is defective, we cannot accept Returns on ‘Personalised’ items, as these cannot be sold to anyone else.

5. Defective items

If you return an item because of an error on our part, or because it is defective, we will happily refund your costs in returning it to us. The item(s) must be returned in the condition in which you received it/them within 30 days of delivery.

6. Your right to cancel when you buy as a consumer

If you are a consumer you have a right to change your mind and cancel the order at any time up to the expiry of seven working days after delivery of the Products. You must though take reasonable care of the Products and they will have to be returned to us at your own cost. You can only return to us Products whose individual packaging has been unopened. If you have opened the individual packaging, then you lose the right to cancel at that moment because it is no longer possible for us to accept the Product back and resell it. The right to change your mind applies only to those Products that have not been created especially for your requirements and are of a bespoke order. For Products that we create for you your right to cancel with cease when we start work with your consent within that time. Please note that item(s) returned to us for reasons not due to our error or defective Product(s) will not have return postage/shipping costs refunded. We will try to carry out our responsibilities under this agreement as soon as practicable and within 30 days of your order. If we do not carry out our responsibilities within that period we will tell you and refund, no later than 60 days after your order, any money that you may have paid to us. You may, if you prefer, extend the time in which we carry out our responsibilities. Your statutory rights are not affected by any of the terms above.

7. Returned item(s) lost in transit

We cannot be held responsible for packages lost in transit. As you are responsible for returning the items to us, we recommend sending the packages by Recorded Delivery/Special Delivery.

8. Refunds and replacements

For item(s) returned to us within 30 days of delivery with the appropriate returns authorisation code and in accordance with these terms and conditions, a refund or replacement will be processed within 7 working days of receipt of the returned items. A refund will be made in the same form of payment that was used to make the initial purchase. If you would like a replacement, this will be to your original product specification as detailed on your original order.

9. Delivery

Fizzywhiz will deliver the products ordered by you to the address which you give for delivery when you place your order. You may specify a delivery address which is different from your invoice address. Delivery charges may apply and are as laid out on the delivery details page. Delivery will be made as soon as possible and usually within three to six working days of our receipt of your order (UK Standard) except for our kits and bespoke products which will usually be delivered within seven working days of our receipt of your order (UK Standard). If you are not in to sign for the parcel, our carrier may leave it at your nearest post office for you to collect. In instances where you give an incorrect or incomplete delivery address, and this results in the return of a parcel to us, we will refund to you the sales value of the goods less the sum of the outward carriage fee and the carrier’s parcel-return fee. The carrier’s parcel return fee is currently £9.99 plus VAT.

10. Liability

Unless otherwise agreed in writing, Fizzywhiz maximum liability to you arising by reason of or in connection with the supply of the Products to you shall be limited to the amount paid by you in respect of the products in question (“Payment Amount”). Fizzwhiz shall not in any event be liable to you for:

1. Any direct loss in excess of the payment amount.
2. Any loss of profits, business or anticipated savings or loss of or corruption to data or any other indirect loss or consequential loss whatsoever even if it has been advised of the possibility of such loss. Nothing in these conditions of sale shall exclude or limit the liability of Fizzywhiz for death or personal injury due to its negligence or for its fraud. This does not affect your statutory rights as a consumer.
3. Data protection

Please see our Privacy Policy for details of the information which we hold about you and the uses to which that information will be put.

12. Force majeure

Fizzywhiz shall have no liability to you for any delay or failure to deliver the Products to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of Fizzywhiz including, but not limited to, fire, floods, acts of God, acts or regulations of any governmental or supranational authority, war, riot, strike, lock-out and industrial disputes.

13. Waiver

No waiver by us shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions of Sale.

14. Entire agreement

These Conditions of Sale, together with the Terms of Use, Returns Policy, current Product Prices, Delivery Details and Contact Details on this Website, set out the whole of the agreement between you and Fizzywhiz employees or agents are not authorised to make any representations concerning the Products unless confirmed in writing by Fizzywhiz. You confirm that you do not rely on, and waive any claims for breach of, any such representations, which are not so confirmed.

15. Third party rights

A person who is not a party to the contract governed by these Conditions of Sale has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Conditions of Sale.

16. Governing law

These Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

17. Definitions

“Conditions of Sale” means these terms and conditions of sale;

“Consumer” a person who is defined as a Consumer for the purposes of the Distance Selling Regulations;

“Product” means any products displayed for purchase on this Website through the Website Shop;

“Terms of Use” means the terms governing your use of this Website displayed on the Website;

“Website Shop” means the on-line Fizzywhiz store through which the Products are purchased by you.

“Website” means the website located at www.fizzywhiz.com

“working day” means a day other than a Saturday or Sunday and bank holidays on which clearing banks are normally open for business in the City of London;

“you” means a user of this Website.