FIBI Life Ltd. trading as FIBI (henceforth referred to as FIBI) operates the FIBI website.
FIBI Life Ltd. is a company registered in England and Wales under Company number 09108414 and with its registered office at 40 Kimbolton Road, Bedford, England, MK40 2NR. To contact us, please see our Contact Us page here.
The FIBI website is a marketplace for independent third-party sellers (wherein each a Seller has their own shop) to sell Products to you, the consumer.
Although FIBI provides the marketplace to help facilitate transactions between you and the Seller, which are carried out through the Website FIBI operates, your attention is drawn to the fact that FIBI is neither a buyer nor a seller of the Products and therefore not party to the contract of sale. As a result, we recommend that before you complete a transaction via the Website you are happy with the below Terms and conditions of Sale between you and the Seller you are purchasing from. As we are not party to said contract, we are not able to give any guarantee as to the Products supplied by the Seller you are dealing with nor any warranty for such Products.
If you proceed to complete your order through the Website and purchase a Product you acknowledge that the Contract of Sale is created solely between you and the Seller. You acknowledge that FIBI is not a party to that Contract, is not liable for the Contract or any claim, complaint or dispute arising from or in connection with the Contract nor is FIBI acting as the Seller's agent.
Therefore, the Terms set out below apply to the Contract between you and the Seller and any such references in the Terms to "we", "us" and "our" shall relate to the Seller from whom you are dealing with.
A Contract will comprise of these Terms (and any other documents referred to therein), and any other information pertaining to terms on the Seller Shop page.
The Terms below (and any documents referred to in them) may be updated from time to time. Any time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 29h December 2020.
YOUR ATTENTION IS DRAWN TO THE FACT THAT FIBI IS NOT A PARTY TO THE CONTRACT OF SALE AND DOES NOT ACCEPT ANY OBLIGATIONS OR CLAIM ANY RIGHTS UNDER THE CONTRACT
What these terms cover. These are the terms and conditions on which we supply products to you.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Information about us and how to contact us
Who we are. We are the seller who sells products to you as identified in the order. Where you are purchasing products from more than one seller as part of the same order, each seller enters into a separate contract with you upon these terms in relation to the specific products which they are selling only.
How to contact us. You can contact us at our registered office or by emailing FIBI to assist you on our behalf at firstname.lastname@example.org or writing to FIBI at 40 Kimbolton Road, Bedford, England, MK40 2NR.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
How we will accept your order. Our acceptance of your order will take place when we or FIBI email you on our behalf to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to the UK. The FIBI website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from OR deliver to addresses outside the UK.
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
Your rights to make changes. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
Our rights to make minor changes
We may change the product:
Providing the products
Delivery information. The costs of delivery will be as displayed to you on your order – please note that where you are purchasing products from more than one seller as part of the same order, the delivery fee relating specifically to our product(s) will be a sum calculated on a pro rata basis according to the value of products you purchase from us in proportion to the overall order. During the order process we will let you know when we will provide the products to you.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
When you become responsible for the goods. Goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
When you own goods. You own the goods once we have received payment in full.
Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) or (b) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 11;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2; or
If you have just changed your mind about the product (statutory rights), see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods (we will only refund the standard delivery cost for delivering the product to you initially).
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
When you don't have the right to change your mind under the Consumer Contracts Regulations 2013. You do not have a right to change your mind in respect of:
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; or
- there is a risk that supply of the products may be significantly delayed because of events outside our control.
How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- products that are liable to deteriorate or expire rapidly (such as foodstuffs);
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them;
- any products which become mixed inseparably with other items after their delivery; or
- products that have been made to your specification or are personalised.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us to the address specified when you have notified us of the return or (if they are not suitable for posting) allow us to collect them from you. If you are exercising your right to change your mind under the Consumer Contracts Regulations 2013 you must send off the goods within 14 days of telling us you wish to end the contract. We advise you to return the product via a tracked delivery service e.g. Royal Mail Special Delivery or Courier service.
When we will pay the costs of return. We will pay the costs of return:
Email. Email customer services at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Online. Complete the Contact Form on our website at www.fibi-life.com/pages/contact-us.
- if the products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
How we will refund you. We will refund you the price you paid for the products including standard costs of delivery to you, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. The maximum refund for delivery costs where you have purchased products from more than one seller as part of the same order will reflect the pro rata calculation referred to in clause 7.1.
If we do not agree that a refund is payable. If we do not agree that a refund is payable, we will contact you to ask what you would like us to do with your returned product.
Our rights to end the contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- If we have not offered to collect the product, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us at our registered office or by writing to FIBI to assist you on our behalf at firstname.lastname@example.org or 40 Kimbolton Road, Bedford, England, MK40 2NR
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
- you do not make any payment to us when it is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on email us at email@example.com for a return label or to arrange collection.
Price and payment
Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. We accept payment with all major credit and debit cards through our use of PayPal. You must pay for the products as directed by FIBI on our behalf before we dispatch them.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us at firstname.lastname@example.org promptly to let us or FIBI on our behalf know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
d) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
e) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
See also clause 8.3.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).