Terms and Conditions
Introduction
Welcome to Fizzloo! These Terms and Conditions, along with any documents referenced herein, outline important information about our company and the legal terms governing the sale of our products available on our website, www.fizzloo.com. By ordering any products from our site, you agree to be bound by these Terms and Conditions.
Please read these terms carefully before placing your order. By proceeding with your purchase, you acknowledge that you understand and accept these terms.
Fizzloo reserves the right to modify or withdraw any promotions or incentives at any time without prior notice. These promotional details do not constitute a contract. Additionally, we may amend these Terms and Conditions periodically. The version in effect at the time of your order will apply to the contract between you and Fizzloo.
We strive to process all orders efficiently, ensuring that your products are prepared, packaged, and dispatched in a timely manner.
If you have any concerns regarding the suitability of our products for consumption, please do not consume them and contact us immediately.
For your records, we recommend printing a copy of these Terms and Conditions.
Information About Us
Our Products: Fizzloo offers a range of pre-flushed tablets designed for your convenience.
Use of Our Site and Privacy Information: Your privacy is important to us. Please review our Privacy Policy for details on how we handle your information.
Business Customers: These Terms also apply to our business customers, and we may have specific provisions that pertain to them.
Contract Formation: A contract between you and Fizzloo is formed once you place an order, and we confirm receipt of your order.
Allergy Information: Please check the product details for any potential allergens. If you have allergies, contact us for clarification before purchasing.
Substitutions: We may occasionally need to substitute products. If this occurs, we will notify you as soon as possible.
Variation of Terms: We reserve the right to change these Terms and Conditions at any time. The updated terms will apply to any future orders.
Consumer Returns and Refunds: If you are not satisfied with your purchase, please refer to our Returns Policy for guidance on returns and refunds.
Cancellation and Refunds: You may cancel your order in accordance with our Cancellation Policy.
Promotional Offers, Voucher Codes, and Referral Codes: Specific terms apply to any promotions or discounts.
Delivery: We aim to deliver your order promptly and will provide tracking information where applicable.
Pricing and Delivery Charges: All prices are listed on our website, and additional delivery charges may apply.
Payment: We accept various payment methods as outlined on our site.
Our Liability: Fizzloo is responsible for products supplied to you, but our liability is limited to the extent permitted by law.
Liability to Business Customers: Different liability provisions may apply to business transactions.
Events Outside Our Control: Fizzloo is not liable for any failure to deliver products due to circumstances beyond our control.
Communications Between Us: Any communication regarding your order should be directed to our customer service team.
Other Important Terms: These Terms are governed by the laws of the jurisdiction in which Fizzloo operates.
Information about us
We operate the Fizzloo Website. We are Fizzloo Limited, a company registered in England and Wales, registration number [insert registration number], our registered office is: [insert office address].
To contact us, please click here.
Our Products
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 your computer’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from the displayed images.
Although we have made every effort to be as accurate as possible as our products are made to order, all sizes, weights, capacity, dimensions, and measurements indicated on our website have a 5% tolerance. All the weights are uncooked weights.
The packaging of the Products may vary from that shown on images on our website.
All Products shown on our website are subject to availability.
Under certain circumstances we reserve the right to substitute certain products which may form part of your order.
Use of our Website and Privacy Information
We ensure that we abide by applicable law regarding your personal data. Please see our Privacy Policy for more information.
Please take the time to read these Policies as they include important terms which apply to you.
Business Customers
If you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use our website to purchase Products.
These Terms and Conditions and any document expressly referred to in them constitute the entire agreement between you and us, supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to its subject matter.
You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to them.
You and Fizzloo agree that neither of us shall have any claim for innocent or negligent misstatement based on any statement in this Contract.
Contract Formation between you and us
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
After you place your order, you will receive an email from us to acknowledge that we have received your order. Our acceptance of your order will take place as described in 5.4.
We will confirm our acceptance to you by sending you an email that confirms that the order has been accepted, unless otherwise stated by Fizzloo.
We shall assign an order number to the order and inform you of it when we confirm your order. Acceptance of your order is on delivery of the confirmation email.
If we are unable to supply you with a Product, for example that the Product is no longer in stock, or not available due to an error in the price on our website as referred to in clause 13.5. We will inform you of this by email or telephone call and will process this order. If you have already paid for the Products, we will change and credit the meal.
We reserve the right to decline any order for any reason up until the order has shipped.
Allergy Information
If you have an allergy, you are responsible for checking our Website before placing an order to ensure that a Product does not contain a relevant allergen to you. If you are not sure, please contact us at hello@fizzloo.co.uk. All of the packaging for our products is labelled to show any allergen advice, but please note that our Products may contain allergens including eggs, soybeans, fish, lactose, nuts, celery, mustard and sulphites.
All Products are packed in a facility that handles nuts. Any severe allergy sufferers should contact us before placing an order.
The ingredient and allergen information provided on the website is subject to change, please follow the information provided on the product label when delivered.
Substitutions
We will always try our best to supply exactly what you have ordered; however, there may be occasions when we need to substitute an item or ingredient. We reserve the right to substitute any ingredients that we may not be able to provide and reasonably exchange for a similar item. If you are not happy with any substitution, please contact us at hello@fizzloo.co.uk.
If you have noted a request to substitute (i.e., No fish, no mushroom), we will substitute any dishes containing your requests with other meals from the menu or from our frozen selection. Please be aware that requesting to not receive an ingredient will result in any dishes containing that ingredient being substituted – including dishes containing traces of the ingredient; therefore, please be specific when requesting substitutions.
We do not offer halal, meat-free, vegetarian, vegan, nut-free, dairy-free, or kosher meal plans. If this is requested in the comment box, we reserve the right to cancel the order as it is not something we can cater to.
When requesting a meal to be replaced with another meal, please ensure it is an equivalent meal (i.e., lunch dish for lunch dish, evening meal for evening meal). Other requests may not be honored at our discretion.
Variation of Terms
We may revise these Terms from time to time.
Every time that you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
Whenever we revise these Terms in accordance with clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended with the relevant date at the top of this page.
Consumer returns and refunds (Applicable to consumers only)
If any of the goods are not fit for consumption on receipt of delivery, please contact us immediately with a picture of the faults so that we can investigate. You must not consume a Product that you believe is not fit for consumption. If you have any doubts, do not attempt to consume the Product and contact us immediately. We will endeavor to reply as a matter of urgency, but if the reply is delayed – please do not consume the Product. If your containers arrive broken or cracked in any way, then please report this to us via email at talktous@flushy.co.uk with pictures of the damaged containers and name of the meal. We will then endeavor to send you a replacement meal of the same value with your next order or provide a discount code to use against a future order. Unfortunately, as meals are made to order, we cannot reship items.
We do not part ship orders; if upon delivery you discover you are missing items, this must be reported to us within 24 hours of delivery. We do not accept any claims raised after this period. We will then endeavor to send you a replacement meal of the same value with your next order or provide a discount code to use against a future order or refund of missing items. Please note, we are unable to ship replacement meals.
Most of the Products on our site are perishable. This means that the right to cancel a Contract does not apply. However, we do understand that sometimes you may need to cancel an order.
Cancellation and Refunds
Meal plan orders: All cancellations/changes should be made by Wednesday by 2 pm. If you contact us after this time, it may be possible to cancel a scheduled delivery, but charges will apply for anything canceled after the cut-off time.
Other orders: All cancellations/changes must be made prior to confirmation that the order has shipped. Orders will be refunded minus any costs incurred by us.
All cancellations will result in a refund back to the card used at the time of ordering, minus the card transaction fees we have incurred.
For non-perishable goods, your legal rights to cancel still apply.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office.
If you have returned a Product to us because it is either faulty or not as described, we will refund the cost of such defective Product in full, together with any applicable delivery charges or reasonable costs that you may incur in returning the Product to us.
You have a legal obligation to keep the products in your possession and to take reasonable care of the Products while they are in your possession.
Where applicable, refunds will be made to you using the same method and to the same account that was used by yourself to pay for your order.
If upon receipt of your delivery you find that the meals have not reached you in a satisfactory condition, then please get in touch as soon as possible to discuss. We will request a picture and a description of the meal. Please notify us within 24 hours of receiving your delivery.
We will look into the issue reported with our production team and you will either be offered a replacement meal of similar value in your next delivery or a discount against a future order.
All discounts or meal replacements are made at Fizzloo’s discretion.
If we have to cancel an order for Products before they are delivered due to an event outside our control, or the unavailability of stock, we will contact you promptly. If we have to cancel an order in these circumstances and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you as soon as possible.
Promotional Offers/Voucher and Referral Codes
From time to time, [New Company Name] may offer promotions. We reserve the right to extend, withdraw, or cancel promotional items, special offers, or voucher codes at any time for any reason without notice. All offers are subject to availability and while stocks last.
Voucher codes can only be used once per order. We may decline to fulfill any order, including a bulk purchase of products on promotion or included in a special offer. Only one code, special offer, or promotional voucher can be used per order.
You warrant that you are using a voucher code on our site in good faith. If you redeem or attempt to redeem a voucher to which you or a third party are not entitled, you may be committing a civil or criminal offense.
If we make a refund for a product that has been purchased on our site under a promotional offer, the refund will be based on the terms of the promotional price. Your statutory rights are not affected.
In the event that discount voucher codes are issued, they will have their own terms associated with them. These terms will be explained at the time the code is issued (if the code is issued electronically or physically, i.e., posted/delivered, then the terms will be explained in writing). If you are in receipt of a code that does not work, please contact customer service. If the code fails to work as a result of its individual terms and conditions, then this will be explained to you.
Any introductory offers are subject to terms and are available as one-off purchases only, and we reserve the right not to honor introductory offers at our discretion.
A referral code is limited to one use per household and is only to be shared within your own network and not on public forums. An account is limited to a maximum of 10 referrals only.
Voucher codes and referral rewards may only be applied to future orders and may not be exchanged or refunded for cash. Please check if there are any time limits for the discount codes and vouchers. This may have a time limit for use. No refunds, exchange, or credit will be given for any portions of any unused voucher codes or referral rewards past the valid time limit of use.
Delivery
Your order will be fulfilled by the estimated delivery date set out in the order confirmation. Unless there is an event outside our control and we are unable to meet the estimated delivery date, you will be informed by us or our authorized delivery carrier. All delivery dates and times are estimated and are not guaranteed.
Delivery will be completed when we or our authorized delivery carrier deliver to your nominated address. If no one is available to take delivery, we or our authorized delivery carrier will follow the instructions you provided at the time of ordering or subsequently on the Fizzloo app. If no instruction is provided, the order will be left in an area that the authorized delivery carrier deems safe. We will also endeavor to follow any delivery instructions you provide, but this cannot be guaranteed.
From the completion of delivery, the products will be your responsibility. You own the products once we have received payment in full, including all applicable delivery charges.
Unfortunately, we do not deliver to addresses outside of mainland United Kingdom (for details of where we deliver, please visit the delivery page on our website). However, you may place an order from outside the UK for delivery to an address within the UK.
If a customer refuses a delivery for whatever reason, the parcel will either be destroyed or automatically returned to the sender. Perishable items cannot be resent, and refusing an order should be a last resort. Refunds will not be made for deliveries that are refused by the customer to the delivery company. Any cancellation should be scheduled directly via the customer account or directly to ourselves at hello@fizzloo.com before production.
The delivery courier will attempt delivery to the address; if no answer, the courier will leave the parcel as per the safe location noted when ordering. The customer gives permission for the authorized delivery carrier to leave the parcel in a location deemed safe. This is, however, up to the driver’s discretion and cannot be guaranteed.
If the customer is not available at the time of delivery, the courier will leave the parcel in a safe location as per your instruction. If the courier deems the location unsuitable, we will leave your delivery with a neighbour or in a convenient place.
We do not ship internationally, or to the Isle of Wight, Isle of Man, Channel Islands, and Northern Ireland. There are also areas of the Scottish Highlands that we are unable to deliver to. Please contact us prior to ordering for further information.
All meal plan parcels are shipped on a next-day service. In the unlikely event that the parcel is not delivered “next day,” the parcel will be delivered the following day. Our packaging is designed to keep the products cold for a minimum of 48 hours. Due to this, we do not deem a parcel to be late until a full 24 hours after the advised delivery date.
Our couriers operate a delivery to the first point of entry policy (this is relevant to multiple occupant properties). A request for a parcel to be delivered to a specific location in a building is at the courier’s discretion, and we accept no responsibility if requests that require the courier to enter the building, use stairs or lifts, or search for individual doors within a property are not followed.
Your delivery will be scheduled and labeled to the address you provide us at checkout. Please ensure this information is entered correctly (you can check the delivery address you provided in the account area and on the confirmation invoice you received via email after ordering). Fizzloo accepts no responsibility for any delay or disposal of goods due to an incorrect or partial address being entered at checkout. Address changes can be made by contacting Fizzloo prior to shipment; any change required after shipping is not guaranteed and will delay your delivery.
Should the customer choose to change the delivery date or delay the delivery with the courier directly, this is done at the customer’s own risk, and Fizzloo will accept no liability should the goods no longer be safe to consume. No refunds will be given for a delay due to a customer request.
Pricing and Delivery Charges
The pricing of our products will be quoted on our site from time to time. We take reasonable care to ensure that the pricing of our products is correct at the time that the relevant information is entered onto our system. However, if we discover that there is an error in the price of the products that you have ordered, please see clause 13.5.
Prices for our products may change from time to time, but changes will not affect any order which we have confirmed with a dispatch confirmation, unless in the event of an error as per clause 13.5.
The price of a product includes VAT (where applicable) at the applicable rate chargeable in the UK. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT applicable that you pay unless you have paid for the products in full before the change in VAT takes effect.
The price of the product does not include delivery charges. Our delivery charges are quoted on our site from time to time.
Our site contains a large number of products. It is always possible that, despite our reasonable efforts, some of our products may be incorrectly priced. If we discover an error in the price of the products you have ordered, we will inform you of this error and we will give you the option of continuing the purchase of the product at the correct price or canceling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details provided during the order process, we will treat the order as canceled and notify you in writing. In all circumstances, please note that if the pricing error is obvious, unmistakable, and could have reasonably been recognized by yourself as mispricing, we do not have to provide the products to you at the incorrect (lower) price.
Products, promotions, offer codes, and limited-time offers can be withdrawn from the website at any time. Fizzloo is not liable to anyone for withdrawing these or for refusing to process an order.
Payment
Our service is a one-off delivery service. It is not a subscription or rolling plan. By purchasing from our website, you are not tied into a minimum term or subscription.
Payment for the products and all applicable delivery charges is in advance, and payment will be taken once you place your order.
All financial transactions are processed by our chosen merchant processor.
If your payment is not accepted or you encounter issues on our website, you may order by contacting us at hello@fizzloo.com We will issue an invoice via email with a secure link to pay via our chosen merchant processor. If payment is not received by the time of dispatch, your order will be cancelled; however, due to the nature of the products being made to order, the balance will remain due.
Our Liability
Except as may be implied by law, in the event of any breach of these Terms and Conditions by the user, our liability is limited to the value of the products and/or services we supplied. Under no circumstances shall we be liable for any indirect, incidental, or consequential loss or damage whatsoever.
We only supply the products to you for domestic and private use. You agree not to use the products for any commercial, business, or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You agree to NOT consume the products if for any reason you believe they are not at the right temperature or not fit for consumption.
We do not in any way exclude or limit our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- Defective products under the Consumer Protection Act 1987.
If you are a business customer, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You agree to indemnify us against any losses incurred as a result of your use of our services.
Events Outside Our Control
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Event Outside Our Control”).
An Event Outside Our Control includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lockouts, or other industrial action;
- Civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations, or restrictions of any government.
Our performance under these Terms is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Event Outside Our Control to a close or to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.
Communications
When we refer, in these Terms, to “in writing,” this will include e-mail. You can contact us by writing to us at hello@fizzloo.com or via post at [Company Address]. If you are a consumer, please contact our customer service team directly for cancellations or inquiries.
Other Important Terms
We may transfer our rights and obligations under these Terms to another organization. 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.
You may not transfer your rights or obligations under these Terms to anyone else without our prior written consent.
This contract is between you and Fizzloo. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you