General Terms and conditions

1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods and/or services.

1.2 Why you should read them. Please read these terms carefully before you confirm your order to us. These terms tell you who we are, how we will provide products to you, what to do if there is a problem and other important information. 

 Information about us and how to contact us

2.1   Who we are. We are Phish Enterprises Limited a company registered in England and Wales. Our company registration number is 15857144 and our registered office is at 18 Foulser Close, Norwich, Norfolk NR6 7FF. Our registered VAT number is GB 472 1434 08

2.2 How to contact us. You can contact us by telephoning our customer services on 07843670715 or by writing to us at Phish Enterprises Ltd 18 Foulser Close, Norwich, Norfolk NR6 7FF or by emailing us at info@PhishenterprisesLtd.co.uk

2.3 How we may contact you. If we must 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 enquiry or order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

Our contract with you

3.1   How we will accept your order. Our acceptance of your order will take place when we write to or email you to accept it, at which point a contract will come into existence between you and us. A quotation and invoice will be provided when required.

3.2 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.

3.3 We only sell to the UK. Our website products and services in the UK. Unfortunately, we do not accept orders from, deliver or provide services to addresses outside the UK.

3.4 Deposits.  We can offer holding of products via a 10% deposit or £10.00 whichever is greater. Products can be hold for maximum 90 days, after which we can exercise our rights to resell. Any deposit will be forfeited by you.

The products

4.1 Products and services. Products are purchased and delivered as part of our services to you. (if delivery service is purchased)

4.2 Products may vary slightly from their pictures. The images of the products on our website and in emails are for illustrative purposes. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or a picture in our website accurately reflects the colour of the products. The product delivered as part of our services may vary slightly from those images.

4.3 Our Products.  Our products are pre-owned and used, they have been through work to bring them into a functional and/or decorative state. (not necessary for the original purpose they are designed for) With every product we sell, they are restored however second-hand products may have imperfections and faults that are attributed to normal wear and tear. In some cases, there may be quality issues with a product due to its age and how it has been previously used.  We make every effort to describe our products as actually as possible and where possible date and give history of our items but cannot guarantee all information is correct.   it's important to remember that second hand products or refurbished goods do not have to be of the same quality as new items. 

We offer quotations and orders that are valid for 14 days, once expired goods will be released for re-sale. We offer 14 days peace of mind to return goods (returned at your cost) in the same condition as originally sold. We offer a 30-day warranty on our second-hand items. 

4.4 Additional changes. Our process to restore and apply new designs to each product is based on time and materials.  You can request, at your expense additional changes and if agreed will be a chargeable service and quotation supplied. 

Your rights to make changes

5.1 Amend or cancel orders. 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 and/or delivery costs, 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 be able to cancel your order.  If deposit options have been used, a cancelled order could forfeit the deposit paid.

Our rights to make changes

(a)   To reflect changes in relevant laws and regulatory requirements; and

(b)  To implement minor technical adjustments and improvements. These changes will not affect your use of the product and will not affect their quality or performance.

7.1   We are not responsible for delays outside our control. If our delivery of the products are 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 request a cancellation the order and receive a refund for any products and/or delivery costs you have paid for but not received.

7.2 When you become responsible for the goods. A product which is goods will be your responsibility from the time you receive the product via pickup or deliver the product to the address you gave us.

7.3 When you own goods. You own a product which is goods once we have received payment in full.

7.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been told to you in the course of email exchanges or other written correspondence. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either delay your order or cancel the order (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products or our services late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.

7.5 Reasons we may suspend the supply of products and services to you. We may have to suspend the supply of a product or our services:

(a)  To deal with technical problem or make minor technical changes to ensure the product is of sound construction and acceptable in use for the purpose indented.

(b)  To update the product and/or services to reflect changes in relevant laws and regulatory requirements.

(c)  To make changes to the product and/or services as requested by you or notified by us to you.

7.6 Your rights if we suspend the supply of products and services. We will contact you in advance to tell you we will be suspending supply of the product and services, unless the problem is urgent or an emergency. If we have to suspend the product and/or services for longer than 30 days we will adjust the price so that you do not pay for products or services while they are suspended. You may contact us to cancel the order for a product or services if we suspend it or them, or tell you we are going to suspend it or them, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product and services in respect of the period after you cancel the order.

7.7 We may also suspend supply of the products and services if you do not pay. If you do not pay us for the products and services when you are supposed to (see clause 12.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the products and services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products and services. We will not suspend the products and services where there is a valid dispute regarding the unpaid invoice (see clause 12.6). We will not charge you for the products and services during the period for which they are suspended. As well as suspending the products and services we can also charge you interest on your overdue payments (see clause 12.5).

Your rights to cancel the Order

8.1 You can always cancel your order 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 cancel the order:

1. 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;

1. If you have just changed your mind. You may be able to get a refund if you are within the cooling-off period.  Depending on your method of purchase with distance selling rights, returning items under this condition maybe possible within 14 days.  This may be subject to deductions and you will be responsible and have to pay the costs of return of any goods. We also offer the same 14 days cooling off period for all purchases if you simply change your mind. 

1. If what you ordered has been mis-descripted or incorrectly described. You make very reasonably attempt to fully and accurate make clear descriptions of our products, supplying photos and goods available to view items before purchase.   Due to the nature of used goods the accuracy cannot always be guaranteed. A refund maybe offered and return of goods, this may be subject to deductions and you will be responsible and have to pay the costs of return of any goods.

1. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2 Ending the order because of something we have done or are going to do. If you are ending an order for a reason set out at (a) to (e) below the contract will end immediately and subject to clause 8.6 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:

(a)  we have told you about an upcoming change to the product or these terms which you do not agree to;

(b)  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;

(c)   there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d)  we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

(e)  you have a legal right to end the contract because of something we have done wrong.

8.3 When you don’t have the right to change your mind.  You do not have a right to change your mind in respect of:

(a)  products which are being produced to your bespoke design (in full or in part);

(b)  services, once these have been completed, even if the cancellation period is still running.

(c)   any products which become mixed inseparably with other items after their delivery; and

8.4 How long do I have to change my mind?  You have 14 days after the day we email or write to you to confirm we accept your order. You may choose to accept commencement of our services during this time (see clause 7.3) however, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. Any Delivery scheduled will be postponed if you make us aware in time, or at your cost delivery of goods are returned.

8.5 Cancelling the Order where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still Cancel the Order before it is completed, but you may have to pay us compensation. Our contract for services is completed when we have finished providing the services and delivering the products and you have paid for them. If you want to Cancel an order before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products or services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) all losses including loss of profit, costs (including the cost of all labour and materials used), damages, charges and expenses resulting from cancellation.

How to cancel the order with us (including if you have changed your mind)

9.1 Tell us you want to cancel the order. To end the order with us, please let us know by doing one of the following:

1. Phone or email. Call or email your contract administrator using the contact details provided in your order. Please provide details of what you bought, Invoice number, when you ordered or received it and your name and address.
2. By post. Write to us at 18 Foulser Close, Norwich, Norfolk, NR6 7FF for the attention of the Order administrator on your quotation including details of your order and your name and address.

9.2 Returning products after cancelling the Order. If you end the contract for any reason after products have been delivered, you must return them to us.  You must arrange for the return of goods to us at your cost. Please contact us using the contract details provided on your order to confirm return details.

9.3 When we will pay the costs of return. We will pay the costs of return if products have been delivered to you 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.

9.4 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 for collection.

9.5 How we will refund you.  We will refund you the price you paid for the products and services (which are exclusive of delivery costs), by the method you used for payment. However, we may make deductions from the price, as described below. Refunds will be made within 14 days of receipt of returned goods.

9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a)  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 unpacking and/or handling of them or damaged to goods on return and inspection.

(b)  We may deduct from any refund an amount for the supply of our services for the period for which they were supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.7 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 your refund will be made within 14 days of your telling us you have changed your mind.

Our rights to end the contract

10.1 We may cancel the Order. We may end the contract at any time by writing to you if:

(a)  you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;

(b)  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods and services.

(c) you do not, within a reasonable time, allow us to deliver the products to you in connection with the services; or

(d) you do not, within a reasonable time, you do not collect when scheduled the goods.

10.2 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 compensation for all losses including loss of profit, costs (including the cost of all labour and materials used), damages, charges and expenses we will incur as a result of your breaking the contract and cancelling the order.

If there is a problem with the Goods

11.1 How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone or email/write to us using the contact details provided in your order.

11.2 Summary of your legal rights. We are under a legal duty to deliver Goods. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

 “Selling second hand goods you have a responsibility to ensure the goods meet legal safety requirements. There is a range of legislation which might be applicable including the Consumer Rights Act, the Consumer Protection Act, and the General Product Safety Regulations” 

Price and payment

12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price as set out in our quotation which shall be valid for a period of 14 days from the date stated in the quotation.  Price Estimates can be found on our website and social media platforms.  On expiry of the quotation, we reserve the right to revise the price in an updated quotation. 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.

12.2 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.

12.3 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.

12.4 When you must pay and how you must pay. We accept payment with most major credit and debit cards, bank transfer and cash. Also, PayPal, Apple & Android pay.   Payments are made on collection or prior to delivery (including Delivery Charges)

12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the bank of England rate +2.5%. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us 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

13.1 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, 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.

13.2 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 and for defective products under the Consumer Protection Act 1987.

13.3 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

14.1 How we will use your personal information. We will use the personal information you provide to us:

(a)  to supply the products to you;

(b) to process your payment for the products.

We do not sell or share your personal data, we comply with GDPR.

14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.

Other important terms

15.1 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.

15.2 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.

15.3 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.

Phish Enterprises Ltd