These Terms and Conditions apply to purchases made through the online stores operated for Fizz Yearbooks and Fizz Hoodies.
Please read these Terms carefully before placing an order. By placing an order through our online store, you agree to be bound by these Terms.
1. About Us
The online store is operated by Fizz Digital Limited, a company registered in England and Wales.
Company number: 07130492
VAT registration number: 990 2898 71
Registered office: 9–11 Stratford Road, Shirley, Solihull, England, B90 3LU
Trading address: Fizz Group, Ravens Court, Hedera Road, Redditch, B98 9EY
Email: info@fizz-group.co.uk
Telephone: 0333 011 9554
In these Terms, “Fizz”, “we”, “us” and “our” mean Fizz Digital Limited.
“You” and “your” mean the person, school, organisation or other customer placing the order.
“Products” includes Yearbooks, Leavers' Hoodies, garments and any other products offered through our online stores.
2. Our Online Stores
2.1 Our online stores allow parents, students, schools and other authorised purchasers to order products associated with a particular school, year group or organisation.
2.2 Access to some stores may require a unique school or group code. You must not knowingly use a code which you are not authorised to use.
2.3 We may update, suspend or withdraw parts of the website where reasonably necessary, including for maintenance, security or technical reasons.
2.4 We may amend these Terms from time to time. The Terms applying to an order will normally be those in force when that order is placed.
3. Products and Bespoke Production
3.1 Many of our products are produced specifically for a particular school, year group, organisation or individual customer.
3.2 This may include:
• Yearbooks containing school-specific photographs, names, artwork, text or other content;
• garments printed or embroidered with school-specific artwork, names, dates or designs;
• garments personalised with an individual's name, nickname, initials, number or other wording; and
• products manufactured or decorated specifically in response to orders received through a particular online store.
3.3 Images and mock-ups shown online are intended to provide a reasonable representation of the finished product. Small differences may occur as a result of screen settings, printing methods, embroidery, manufacturing tolerances, fabric batches and other normal production processes.
3.4 Colours displayed on a screen may vary slightly from the colour of the finished printed or manufactured product. Reasonable variations of this nature will not in themselves mean that a product is defective.
3.5 Garment sizes and measurements are based on information supplied by the relevant manufacturer. Customers should use the measurements provided rather than relying solely upon their usual clothing size. Reasonable manufacturing tolerances may occur.
Nothing in this section affects your statutory rights where a product is materially different from its description or is otherwise faulty.
4. Information You Provide
4.1 You are responsible for checking the information you submit with your order, including:
• product;
• quantity;
• garment size;
• garment colour;
• delivery or contact information; and
• any personalisation which you enter yourself.
4.2 Where you enter personalised wording, names, initials or other information yourself, you must check it carefully before submitting the order. We are not responsible for reproducing an error which appeared in the information supplied to us by you.
4.3 If you become aware of an error after placing an order, you should contact us immediately. We will try to make the requested change where reasonably possible, but we cannot guarantee that changes can be made once production or processing has begun.
4.4 We may refuse to reproduce wording, images or other material which we reasonably consider unlawful, defamatory, discriminatory, offensive, infringing, inappropriate for a school environment or otherwise unsuitable.
5. School-Supplied and Approved Content
5.1 Certain elements of our products may be supplied, selected or approved by the relevant school, year group organiser or other authorised representative rather than by the individual purchaser.
5.2 This may include photographs, pupil names, school logos, Yearbook content, Leavers' lists, artwork, layouts, colours and other design elements.
5.3 Where the relevant school or authorised organiser has approved a proof, design, list or other content for production, that approval may be relied upon by us when producing products ordered through the associated online store.
5.4 We will not be responsible for an error contained in material which was supplied or expressly approved by the school or authorised organiser, unless the error was introduced by us after approval.
5.5 Where we ourselves introduce an error during manufacture or production, this section does not affect your rights under section 11 below.
6. Placing an Order
6.1 You place an order by completing the online checkout process and submitting payment, or by otherwise placing an order with us in writing where we have agreed to accept orders by that method.
6.2 Before submitting an online order, you will be given an opportunity to check the principal details of your order and correct errors.
6.3 An automated acknowledgement that we have received your order does not necessarily mean that we have accepted it.
6.4 A contract between you and us is formed when we accept your order, normally by issuing an order confirmation or commencing processing or production of the order.
6.5 We may decline or cancel an order before acceptance where, for example:
• payment has not been authorised;
• the product is unavailable;
• the order contains an obvious pricing or description error;
• we reasonably believe an order has been placed fraudulently or without authority;
• information required to fulfil the order has not been provided; or
• we are unable to fulfil the order for another legitimate reason.
6.6 If we decline an order after taking payment, we will refund the relevant payment without undue delay.
7. Prices and Payment
7.1 Prices payable by consumers include VAT where VAT is applicable.
7.2 Any mandatory fee or charge applicable to an online order will be disclosed as part of the price information
presented to you before you place the order and will be included in the total amount payable.
7.3 Delivery charges, where applicable, will be displayed before you place your order. Where delivery to the school is included within the product price, no separate delivery charge will be made.
7.4 Payment must normally be made at the time an online order is submitted.
7.5 Where we have expressly agreed to supply a school, business or organisation on invoice, payment will be due within the period shown on the invoice or, if no period is specified, within 14 days of the invoice date.
7.6 For business customers, we reserve any rights available to us in respect of overdue commercial debts, including the right to charge statutory interest and recovery costs where applicable.
8. Administrative Processing Fees
8.1 Some schools choose to collect orders and payments themselves. Where a school instead asks Fizz to operate an individual online ordering facility for parents or students, an administrative processing charge may form part of the price of orders placed through that facility.
8.2 Where such a charge applies, it relates to the administration and operation of the individual online ordering service and not to the customer's choice of credit card, debit card or other payment method.
8.3 Any mandatory administrative processing charge will be clearly disclosed as part of the price information provided before the customer becomes bound by the order.
9. Changes and Cancellation of Personalised Orders
9.1 Most Fizz Yearbooks and Fizz Hoodies are bespoke products produced for a particular school, group or individual.
9.2 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the usual right to cancel an online purchase during a 14-day cooling-off period does not apply to goods which are made to the consumer's specifications or are clearly personalised.
9.3 Where a product ordered from us falls within this exception, you do not have a right to cancel simply because you have changed your mind.
9.4 This applies in particular to products which have been printed, embroidered, personalised, manufactured or otherwise prepared specifically for the relevant school, group or individual.
9.5 Once production or preparation of a bespoke or personalised product has commenced, the order cannot normally be changed or cancelled and no refund will be given simply because:
• you no longer want the product;
• you ordered the wrong size or colour;
• you entered incorrect personalisation;
• circumstances have changed after ordering; or
• you failed to collect or make use of the product.
9.6 Before production begins, we may at our discretion agree to amend or cancel an order. Any such agreement is not guaranteed and may be subject to costs which we have already reasonably incurred.
9.7 If we sell a standard, non-personalised product which does not fall within the personalised-goods exception, any statutory cancellation rights applying to that product will continue to apply.
9.8 Nothing in this section affects your rights if a product is faulty, not as described or otherwise fails to conform to the contract.
10. Delivery and Collection
10.1 Products ordered through a school-specific online store will normally be delivered collectively to the relevant school or other collection point unless we have expressly stated otherwise.
10.2 The estimated delivery date or production timetable may depend upon the school's overall ordering deadline, approval of artwork or Yearbook proofs, receipt of required information and completion of the school's full order.
10.3 Individual orders placed early in an ordering period will therefore not necessarily be manufactured or delivered immediately.
10.4 Where we agree a particular delivery date or period with you, we will take reasonable steps to deliver within that period.
10.5 Where no delivery date or period has been agreed and consumer legislation requires delivery within a particular period, your statutory rights will apply.
10.6 We are not responsible for a delay caused by you, the school or an authorised organiser failing to provide information, approvals or other materials which are reasonably required before production can begin.
10.7 If circumstances outside our reasonable control affect production or delivery, we will take reasonable steps to minimise the effect of the delay and will keep the relevant customer or organiser informed where appropriate.
10.8 Nothing in this section removes any statutory right you may have where goods are not delivered within the period required by law.
11. Faulty, Damaged or Incorrect Products
11.1 We want you to tell us promptly if there is a problem with your order so that we can investigate and resolve it.
11.2 If your product:
• is faulty;
• is damaged when supplied;
• is materially different from what you ordered;
• contains an error introduced by us;
• is not of satisfactory quality;
• is not fit for its agreed purpose; or
• otherwise does not conform to the contract,
please contact us at info@fizz-group.co.uk with your order details and, where useful, photographs showing the problem.
11.3 Consumers have statutory rights under the Consumer Rights Act 2015. Depending on the circumstances, these may include the right to reject goods, obtain a repair or replacement, receive a price reduction or receive a refund.
11.4 The fact that a product is personalised or bespoke does not remove your statutory rights where the product itself is faulty or does not conform to the contract.
11.5 Where a problem affects only part of an order, any remedy will normally relate to the affected product or products unless the law provides otherwise.
11.6 We may ask you to provide reasonable information or photographs to enable us to investigate the problem.
11.7 Where goods must be returned because they are faulty or non-conforming and we are legally responsible for the return cost, we will bear the reasonable cost of return.
12. Returns for Change of Mind
12.1 Except where statutory cancellation rights apply, we do not accept returns of personalised or bespoke products simply because the purchaser has changed their mind.
12.2 In particular, a personalised Yearbook or garment cannot normally be returned for an exchange or refund because:
• the purchaser would now prefer another colour;
• the purchaser selected the wrong garment size;
• the purchaser no longer wants the item; or
• the purchaser has changed their mind about the personalisation selected.
12.3 If we offer an exchange, reprint, replacement or other goodwill remedy in circumstances where we are not legally required to do so, this is discretionary and does not create an obligation to offer the same remedy in future cases.
13. Chargebacks and Payment Disputes
13.1 If you believe that a payment has been taken incorrectly or there is a problem with an order, we encourage you to contact us so that we have an opportunity to investigate and resolve the matter.
13.2 Nothing in these Terms prevents you from exercising any lawful right you may have to contact your bank, card issuer or payment provider or to dispute a transaction.
13.3 A chargeback or payment dispute does not itself cancel an order or determine whether money is legally owed under the contract.
13.4 If a chargeback, card dispute, payment reversal or similar process results in money being removed from us in respect of goods which have been properly ordered and supplied, and the relevant amount remains legally due to us, we may treat that amount as an outstanding debt.
13.5 We may suspend the processing of further orders or decline to accept additional orders from a customer while an earlier payment dispute remains unresolved.
13.6 Where a customer has initiated a chargeback or payment reversal and subsequently wishes to reorder the same or replacement goods, we may require, before accepting the new order:
• payment in full for the new order;
• settlement of any amount from the previous order which remains properly and legally due to us; and
• reimbursement of any reasonable, evidenced third-party chargeback or payment-dispute fees which we have directly incurred as a result of the previous chargeback, to the extent that it is lawful and fair for us to recover those costs.
13.7 We will not seek to recover a chargeback fee from a consumer where the original payment dispute was valid because of our breach of contract, where the customer was legally entitled to the refund or reversal, or where doing so would interfere with the customer's statutory rights.
13.8 We may require a different method of payment for a subsequent order following a previous chargeback or payment reversal.
14. Intellectual Property and Customer Content
14.1 Unless otherwise stated, the copyright, trade marks and other intellectual property rights in our website, designs, templates, branding, graphics, software and other materials belong to us or our licensors.
14.2 You may use our website for your own personal, school or organisational use in connection with obtaining information about or purchasing our products.
14.3 You must not reproduce, commercially exploit, distribute or republish our website content without our permission except where permitted by law.
14.4 Where you, a school or an authorised organiser supplies us with photographs, logos, artwork, text, names or other material for inclusion in a product, you grant us permission to use that material only to the extent reasonably necessary to administer, design, manufacture, supply and support the relevant products and services.
14.5 You must have the necessary authority, licences, permissions or other lawful basis to provide material to us for those purposes.
14.6 Where a school or organisation provides material relating to pupils, staff or other individuals, responsibility for ensuring that it is entitled to provide that material to us will remain with the school or organisation, subject to any separate agreement between us.
14.7 Personal information will be handled in accordance with our Privacy Policy and applicable data protection law.
15. Acceptable Use of Our Website
15.1 You must not knowingly:
• introduce viruses, malware or other harmful material;
• attempt to gain unauthorised access to our website, servers or systems;
• interfere with the proper operation of the website;
• use another person's account or identity without permission;
• use the website fraudulently or unlawfully; or
• attempt to obtain or collect information relating to other customers without authority.
15.2 We may restrict or terminate access to our website where we reasonably believe it is being misused.
16. Third-Party Websites
16.1 Our website may contain links to websites operated by third parties.
16.2 These links are provided for convenience. Unless expressly stated otherwise, we do not control or endorse third-party websites and are not responsible for their content, availability or privacy practices.
17. Our Liability to Consumers
17.1 Nothing in these Terms excludes or restricts liability which cannot lawfully be excluded or restricted, including liability for:
• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; or
• your statutory rights as a consumer.
17.2 If you are a consumer, we are responsible for loss or damage which is a reasonably foreseeable consequence of our breach of the contract or our failure to use reasonable care and skill.
17.3 We are not responsible for loss or damage which was not reasonably foreseeable when the contract was formed.
17.4 Our products are supplied to consumers for private and personal use. If you use a consumer product for commercial or business purposes, we will not be responsible for business losses such as loss of profit, revenue, business opportunity or goodwill except where the law provides otherwise.
18. Our Liability to Business Customers
18.1 This section applies where you are purchasing wholly or mainly for purposes relating to your trade, business, craft or profession.
18.2 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot legally be excluded or limited.
18.3 Subject to section 18.2, we will not be liable to a business customer for indirect or consequential loss or for loss of profit, revenue, business, goodwill or anticipated savings.
18.4 Subject to section 18.2, our total liability arising from an individual order will not normally exceed the amount paid or payable to us in respect of that order, except to the extent that such a limitation would be unlawful or unreasonable.
19. Events Outside Our Reasonable Control
19.1 We will not be responsible for a failure or delay caused by circumstances outside our reasonable control, including serious disruption to transport networks, industrial disputes affecting third parties, fire, flood, severe weather, epidemic or pandemic restrictions, acts of government, major utility failures, failure of essential third-party infrastructure or similar events.
19.2 Where such an event affects an order, we will take reasonable steps to minimise its effect.
19.3 This section does not remove any consumer rights which cannot legally be excluded.
20. Privacy and Data Protection
20.1 Our use of personal information is governed by our Privacy Policy.
20.2 Information supplied when placing an order may be used for the purposes of processing payment, fulfilling the order, arranging delivery or collection, communicating about the order, preventing fraud and meeting our legal obligations.
20.3 Where an online store has been established for a particular school or organisation, we may exchange relevant information with that school or organisation where reasonably necessary to administer and fulfil the ordering arrangement and where permitted by applicable data protection law.
21. Complaints
21.1 If you have a complaint about a product or order, please contact us:
Email: info@fizz-group.co.uk
Telephone: 0333 011 9554
Post: Fizz Group, Ravens Court, Hedera Road, Redditch, B98 9EY
21.2 We will aim to investigate complaints fairly and within a reasonable period.
22. Governing Law
22.1 These Terms and any contract between you and us are governed by English law.
22.2 If you are a consumer resident in another part of the United Kingdom, you will also retain any mandatory protections available to you under the law applicable in that part of the United Kingdom.
22.3 If you are a consumer, you may bring legal proceedings in the courts which are legally available to you based on your place of residence.
22.4 If you are a business, the courts of England and Wales will have exclusive jurisdiction over disputes arising from the contract.
23. General
23.1 If any provision of these Terms is found by a court or other competent authority to be invalid or unenforceable, the remaining provisions will continue in effect.
23.2 If we do not immediately enforce a right under these Terms, this does not mean that we have waived that right.
23.3 You may not transfer your rights or obligations under an order without our written agreement. We may transfer our
rights and obligations where this does not reduce any protection or guarantee available to a consumer.
23.4 Except where expressly provided by law, no person other than you and us will have any right to enforce the contract under the Contracts (Rights of Third Parties) Act 1999.
23.5 Nothing in these Terms is intended to restrict or exclude any statutory right which cannot lawfully be restricted or excluded.
