The terms & conditions set out below are in line with the current legislation. The Consumer Rights Act 2015, and Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013.
Zibizi Retail Ltd
These terms and conditions were last updated on 01/02/2018
1.1 These terms & conditions set out the terms between you the customer and us the website owner.
1.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.
1.3 You should not use this website if you do not accept with these terms & conditions in full.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use by children.
2.5 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
4. Product Pricing, Title and Responsibility
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.
4.2 All prices are displayed inclusive of Value Added Tax (VAT) or other applicable sales tax. Furthermore on the checkout page(s) and all email or paper receipts the VAT or sales tax element will be clearly and separately displayed as part of the total cost of your order.
4.3 We reserve the right to alter all product pricing without notice.
4.4 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped and received by you.
4.5 We are responsible for any loss or damage to any products until you receive them.
5. Your Order
5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
5.2 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
5.3 Product items not included within the dispatch email are not included in the order and contract between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
6. Shipping and Customs Duty
6.1 All orders received by us are shipped subject to availability.
6.2 We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase and/or is pre-ordered. In this situation you will be contacted and offered a full refund instead of delivery of the product.
6.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
6.4 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
7. Cancellation Rights, Returns and Refunds
7.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – which replace the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 14 working days from the day after you receive your goods.
7.2 As stated above notification of cancellation must be in writing, either by email or completing a cancellation form on our website. We will acknowledge receipt of your cancellation request. Please note - a telephone call is not a valid cancellation.
7.3 You have 14 days to return your purchase for reasons other than a fault, defect or not fit for purpose. However we reserve the right to deduct an appropriate amount for items that have been returned used or not in a full re-saleable condition. The buyer is responsible for all return postage costs. We strongly recommend insuring your returned parcel against loss or damage and send using a tracked service. No right of cancellation, refund or return exists under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 once you have used your product, unless the product is defective and you are returning it for this reason.
7.4 Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.
7.5 No right of cancellation, refund or exchange exists for personalised goods, unless they are damaged, defective, or their is any fault on our part.
7.5.1 Colours may vary slightly between digital images of the products and the physical item. Colours can vary between devices, tablets, computers, cellular devices, however the pictures will be as close to accurate as possible. Returns for slight discrepancies in colour will not constitute an item not as described.
7.6 Please observe the following procedure detailed in 7.6.1 for all returns to us.
7.6.1 Contact us first to discuss your return and reasons for return. Always include all packaging and parts. On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return and send to the address at the bottom of this page.
7.6.2 If you are returning your product because it is defective, not fit for purpose, or not as described, please contact us as soon as possible to notify us of the problem. Please state the defect or defects and provide photographic evidence and detailed explanations. If the fault has occurred within 30 days of receiving the goods we will organise the return and provide a full refund, repair or replacement, whichever is your preference. During this time it is up to you to show the goods are faulty, not fit for purpose or not as described. Beyond 30 days and up to 6 months we will organise a repair, or replacement. Should a repair or replacement not be feasible or possible, we will issue a full refund. It is at our discretion which option best rectifies the situation during that time, however to not inconvenience you, the consumer. Beyond 6 months and up to 6 years we may repair, replace, or part refund (minus usage and damage). It is at our discretion which option best rectifies the situation, however to not inconvenience you, the consumer. Beyond 6 months and up to 6 years it would be up to you to show the item is not fit for purpose, not as described, or faulty.
You have 30 days to return your item from the date you received it for faults. After this time we will endeavour to rectify the problem by way of an exchange or replace defective parts, at our discretion and based on the evidence supplied.
7.7 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product where possible. Where the original packaging is not available we would request that you send the item back appropriately packaged as to avoid sustaining any damage in transit. For items returned that are not sufficiently packaged the refund will be adjusted to reflect the amount the product has been diminished by.
7.8 Unless the product purchased is stated by us on our website as qualifying for free returns you are responsible for paying any postage or shipping costs incurred when returning the product unless the item is defective, damaged or faulty.
7.9 Where you bear the cost of any returns we will make this information clearly available to you before your purchase – in the event that such information is not provided by us, we will bear the cost of any returns.
7.10 For bulky items we will also provide an estimate of the likely cost of any return.
7.11 Subject to the clauses above, where it is not physically practical to return bulky items in the post we will make arrangements to collect such items.
7.12 We recommend that all returns be sent by registered post, so that a record of the return is available for you. We also recommend insuring the return against potential damage caused during transit.
7.13 We will not issue refunds for any items lost or stolen in transit to us.
7.14 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
7.15 If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection may be passed on to you.
7.16 Unused products may be returned promptly by customers to our address listed at the end of these terms and conditions.
7.17 We will refund the cost of postage incurred returning a product, if incorrectly sent by us. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
9. Customer Complaints
We endeavour to respond to all customer complaints or queries within five working days.
10. Faulty Products
Where you experience a fault with a product it can be returned to us subject to our returns policy detailed in paragraph 7.6.2. You must notify us as soon as you notice any fault.
11. Events Outside Our Control
We shall not be liable for delay or failure to perform any obligation under these terms & conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
12.1 We grant you a licence to access the content, information and services contained within our website for personal use only.
12.2 This licence allows you to download and cache (using your browser) individual pages from our website.
12.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
12.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
12.5 Our website cannot be placed within the frame-set of another site.
12.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
12.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
13.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.
13.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
14. User Generated Content
14.1 Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content.
14.2 Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.
14.3 As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.
14.4 Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.
14.5 We reserve the right to remove any content, which breaches or risks breaching these terms and conditions.
14.6 However, we shall not assume any responsibility for auditing or monitoring any user generated content.
14.7 Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.
15. Limitations and Exclusions of Liability
15.1 Where content and information is provided on the website without charge we exclude all liability for such content and information.
15.2 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.
15.3 All indirect, consequential or special losses or damage are all excluded.
15.4 All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
15.5 All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.
15.6 These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us.
15.7 These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.
15.8 These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.
We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
21. Third Parties
These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.
22. Entire Terms & Conditions
These terms & conditions set out the entire agreement and understanding between you and us.
23. Your Statutory Rights
Where acting as a consumer your statutory rights are unaffected.
These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
25. Contact details
Zibizi Retail Limited
61 High Street
Telephone: (0044) 1642 90 90 20
Company registration number: 10789167