1. Definitions and Interpretation.
1.1. In these terms and conditions, unless expressly stated otherwise, the following words and phrases shall have the following meanings:
“We”, “Us” or “The Company” refers to Frank Bisson Worldwide Limited (registered in England and Wales with company number 04106879) whose registered address is 10 Redmoor Crescent, Tower Hill, Kirkby, Merseyside L33 and VAT registration number is 852065436.
“You”, “Your”, “The Customer” or “The Buyer” refers to the purchaser of the Company's Product(s).
“Goods”, "Product" or "Product(s)" shall mean any merchandise sold or licensed to the Customer, specifically FB1™ or FB1™ Glass Hair Cutter or FB1™ Glass Blade.
“FB1™” or “FB1™Glass Hair Cutter” or “FB1™ Glass Blade” means the hair cutting Products/Goods.
"Items" refers to any and all individual items or parts that make up the Product as a whole.
“Conditions” means the terms and conditions governing the sale and delivery of Products from Us to You as stated herein.
“Order(s)” means the request for delivery of any product(s) supplied by the Company, however ordered, whether by telephone, email, verbally, or via the internet.
“Acceptance” shall mean that you accept the Product(s) completely and the Product(s) is/are yours and the Company will not be liable to refund anything under the 30-day Money Back offer. Acceptance is deemed if you open the Product(s) or do not return it/them to us within the specified timeframe or manner as described within these Conditions.
“Site” or “Website” means www.frankbisson.com which is a site operated by the Company.
1.2. A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3. Words in the singular include the plural and in the plural include the singular.
1.4. A reference to one gender includes a reference to the other gender.
1.5. Condition headings do not affect the interpretation of these Conditions.
2.1. These terms and conditions apply in preference to and supersede any terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the Company and the Customer with reference to the Goods specified overleaf (the goods) without prejudice to the generality of the foregoing.
2.2. Unless otherwise expressly agreed in writing by a director of the Company, the Conditions are the only terms on which the Company accepts any Order(s) or requests for the supply of products to the Customer, and cannot be varied by any other person acting or purporting to act as an employee or agent of the Company.
2.3. These terms and conditions shall not be affected by any previous dealings between the Company and the Customer. Each particular contract shall be regarded as separate and new contract having no relation to other contracts between the Buyer and the Company.
2.4. All Sales of Products by the Company are subject to the Conditions, and apply to all Orders, whether or not the Conditions were specifically referred to at the time of ordering, to the exclusion of all other terms and conditions, including, without limitation, any contained in an acceptance of a quotation, a form of order or any other document issued by the Customer.
2.5. In case of any conflict between the Conditions and any terms and conditions contained on any documents accompanying the purchased Product(s), the Conditions shall prevail.
2.6. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY THE CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY THE COMPANY, SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON THE COMPANY.
2.7. No waiver or amendment to the Conditions shall be binding on the Company unless made in writing expressly stating that it is such a waiver or amendment, and agreed and signed as such by a director of the Company.
2.8. The Company and the Customer acknowledge that Conditions have been given due consideration and that they are considered fair and reasonable by all parties.
2.9. By placing an Order, you warrant that you are legally capable of entering into binding contracts and are at least 18 years of age.
2.10. In purchasing any Product(s) you are declaring that you have carefully read, understand, and agree to be bound by the Conditions.
3. The Contract.
3.1. No contract exists between you and the Company for the sale of any goods until we have received and accepted your Order and the Company has received payment in full (in cleared funds). Once the Company does so, there is a binding legal contract between you and us (the “Contract”).
3.2. By way of clarification, an acknowledgement of your Order will be sent to you via e-mail when you place your Order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and the Company has received cleared funds in full. It is at this point that the Contract is created and any Contract is subject to the Conditions.
3.3. Each Order for goods will be treated as an offer by you to purchase the goods subject to the Conditions.
3.4. The Contract is subject to your right of cancellation (see section 8. below).
3.5. We reserve the right to terminate the Contract at any time without notice, and without reason, should we reasonably believe, whether correctly or incorrectly, that the fulfillment of the Order can/may lead the Company into activities that could/might be construed as illegal, immoral, or unlawful in any way. Under these circumstances the customer would be refunded for all and any outstanding products not yet delivered.
3.6. The Company has the right to revise and amend the Conditions from time to time without notice to you.
4. Price and Payment.
4.1. The price of any Products sold via the website will be as quoted on the website from time to time, except in cases of obvious error
4.2. Prices are liable to change at any time, but changes will not affect Orders in respect of which we have already sent you an acknowledgement of your Order.
4.3. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.4. We are under no obligation to provide the Product(s) to you at an incorrect price, even after we have sent you an acknowledgement of your Order, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
5. Purchase and Delivery of Products.
5.1. The description of the Goods has been given by way of identification only and the use of such description shall not constitute a sale by description.
5.2. Notwithstanding that a sample of the Goods may have been exhibited to and inspected by the Buyer, it is hereby declared that such sample was so exhibited and inspected solely to enable the Buyer to judge for itself the quality of the bulk and not so as to constitute a sale by sample.
5.3. Acceptable methods of payment on all Orders will be as depicted on the Sales Order page on the Company website at www.frankbisson.com
5.4. For Credit/Debit card users, the goods you Order will be delivered to the address you give when you place your Order, but in all cases, this must only be the registered cardholders address as known by the card issuing bank.
5.5. Every effort will be made to deliver the goods as soon as possible after your Order has been accepted. However, the Company will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Company will inform you as soon as possible.
5.6. Any dates stated by the Company for the delivery of the goods are approximate only and do not form part of the contract. The Goods may be delivered by the Company in advance of any quoted delivery date upon giving reasonable notice to the Buyer.
5.7. Upon receipt of your Order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery, but sign for the package as "DAMAGED". If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
5.8. Any packages returned to us via our courier and marked as "DAMAGED", we will dispatch a new package immediately at no extra cost to you.
5.9. If the goods supplied to you are damaged or any item missing/incomplete on delivery, you must notify the Company within 7 days of receipt.
5.10. Whilst every effort shall be made to keep any delivery date, time of delivery shall not be of the essence. The Company shall not be liable for any consequential loss incurred by the Buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
5.11. Any claim for non-delivery of any Goods must be notified in writing by the Buyer to the Company within 7 days from the date on which the Goods were to be delivered. The Buyer must afford the Company reasonable opportunity and facilities to investigate any claims made by the Buyer and if requested in writing by the Company must promptly return any Goods, which are the subject of a claim (together with any packing) securely packed and carriage paid to the Company for examination.
5.12. Unless otherwise agreed, the Company may deliver by installments in any sequence, and in such case each installment shall be treated as a separate Contract and any delay, default or non-delivery in respect of any installment by the Company shall not entitle the Buyer to cancel the remainder of the Contract in respect of the previously delivered or undelivered Goods.
5.13. The Company may deliver to the Buyer and the Buyer must accept in satisfaction of the contract a lesser sum than the number of the Goods ordered.
5.14. With the exception of section 5.7 above, any refused or failed deliveries will be returned to the Company. Upon receipt of the goods with the Company a refund will be issued minus 10% of the value of the Order to cover administration costs.
5.15. Quantities of the Product(s) are subject to availability. In the event of production difficulties or Product shortages, the Company may allocate sales and deliveries at its sole discretion.
6. Risk and Title.
6.1. The Products will be at your risk from the time of delivery
6.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. Import Duty.
7.1. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your Order.
7.2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
8. Rights of Cancellation.
8.1. Under the Distance Selling Regulations, if you are contracting as a consumer you have the right to cancel the Contract of sale at any time up to the end of 7 working days after you receive the goods.
8.2. To exercise your right of cancellation, you must give written notice of the intention to cancel to the Company, by either posting to our Returns address (see section 21 below) or via email to email@example.com, giving all details of the goods ordered, including your address and sales reference number, and the reason for cancellation.
8.3. Notification by phone is not sufficient and until written notice is received by us, your right of cancellation cannot be operative.
8.4. Once you have notified us that you are canceling the Contract, you must return the goods back to the Company (See section 10, Returns and Adjustments), and upon receipt of the goods we will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, minus an amount equal to the cost of the postage and packing.
8.5. Subject to section 10 below (Returns and Adjustments), failure to return such product to the Company within this 7 working day period, constitutes expiry of your right to cancel and precludes later return to us under the Distance Selling Regulations, subject to the provisions in relation to Faulty Items at section 11 below.
9. Money Back Offer.
9.1. The sale of all Products is subject to the Company’s introductory 30-day Money Back Offer.
9.2. If you receive your Product and decide that you do not want it, you may be able to make a claim for refund on the 30-day Money Back Offer.
9.3. To initiate a claim under the Money Back Offer, you must within 30 calendar days of original shipping date, give written notice of the intention to cancel the Contract to the Company, by either posting to our Returns address (see section 20 below), or via email to firstname.lastname@example.org, giving all details of the goods ordered, including your address and sales reference number, and the reason for cancellation.
9.4. Notification by phone alone is not sufficient and until written notice is received by us, your Money Back Offer cannot be operative.
9.5. Following the written notice of the intention to cancel, the Company must be in receipt of the goods being returned, within 5 working days and in all cases no later than the expiry of 30 calendar days from your original shipping date, whichever is the earliest.
9.6. Upon receipt of the goods, subject to section 10 below (Returns and Adjustments), the Company will within 30 days refund your purchase price minus the postage and packing and minus a value of 10% of the returned goods for administration and re-stocking fees.
9.7. Failure to return such product to the Company within this specified period, as described at section 9.3 above, or opening the Product, constitutes Acceptance of the product and precludes later return to us under the Money Back Offer, subject to the provisions in relation to Faulty Items at section 11 below.
9.8. We will not refund postage, shipping or handling fees in any event.
9.9. **This Money Back Offer is only available for products bought through distributors recognized and licensed by the Company to sell the Product/s**
10. Returns and adjustments.
10.1. Goods cannot be returned unless a unique Returns Authorization Number (RAN) has been requested and obtained from the Company and is clearly marked on the outside of the return package.
10.2. To initiate the return of goods and claim for any refund, you must give written notice of the intention to cancel the Contract by either posting to our Returns address (see section 21 below), or via email to email@example.com, giving all details of the goods ordered, including your address and sales reference number, and the reason for cancellation.
10.3. You may call our customer support centre on 0871 200 3305 during normal working office hours, 9am to 5pm Monday - Friday to receive your unique RAN, but you still must give written notice of any intended cancellation.
10.4. You will not be permitted to return a product without an appropriate RAN.
10.5. All returns should be delivered or shipped with shipment prepaid to the Company’s premises in the original packaging, unopened, together with a dated proof of purchase (including original sales receipt or invoice).
10.6. All costs incurred in returning Product(s) to the Company including insurance, duties or other fees must be paid by the Customer.
10.7. Returns must be shipped to our Returns address (see section 21 below) and the RAN MUST BE WRITTEN PROMINENTLY ON THE SHIPPING LABEL.
10.8. The Customer shall be responsible for all shipping charges and shall assume all risk of loss or damage to Products while in transit to the Company.
10.9. It is important, and indeed your responsibility, to ship the Product(s) back to our company in such a manner as for us both (you and the Company) to be able to track and trace the delivery process and confirm receipt status of the package. This is necessary to avoid any disputes in the event of a loss during shipment.
10.10. If you so choose to return the product(s) by normal mail without insurance or tracking or authentications, the Company will not be responsible for any loss or damage, whether in part of full.
10.11. If you return items or products to the Company, either: (i) beyond the period prescribed within the Conditions for such returns; (ii) without original sales receipt or invoice; or (iii) with packaging damaged, or opened (iv) without enough postage fee paid, the Company retains the right to refuse delivery of such return and charge you the retail price of such items or products at the time the items or products were shipped to you (as determined by the Company.) plus a reasonable fee for handling costs.
10.12. In the event a customer fails to return items or products to the Company within the required time period, the Company retains the right to: (i) charge the customer the retail price of such items or products at the time the items or products were shipped to the customer (as determined by the Company) plus a reasonable fee for handling costs, (ii) charge the customer for any other collection or legal expenses incurred by the Company due to such failure to return.
10.13. Any items returned under the terms of the retail 30-day money back offer, must be in the original condition, in the original packaging unopened with original sales receipt or invoice, and free of marks, stains, or fingerprints on polished metal or glass surfaces. Items returned under the terms of the retail 30-day money back offer must be received by the Company within 30 calendar days of original shipping date.
10.14. Failure to return products in the original condition will result in the Company deducting a reasonable fee for repairing, repackaging, sterilizing and inclusion of new glass blades.
10.15. If we receive a product for refund under the retail 30-day money back offer without original sales receipt or invoice, the Company may return the Product to the customer and reserves the right to further charge the customer for the shipping and handling of the Product thereof.
10.16. In all cases, the return by the Company to the customer of any monies, due to the return by the customer of any Product, will not include the return of shipping and handling charges. UNDER NO CIRCUMSTANCES SHALL THE COMPANY REFUND SHIPPING AND HANDLING CHARGES TO THE CUSTOMER.
10.17. Except in the case of faulty goods, if you exercise your right of cancellation after the goods have been delivered to you, you will nonetheless be responsible for returning the goods to us at your own cost.
10.18. Except in the case of faulty goods, should you fail to return the goods as required, the Company reserves the right to charge you a sum not exceeding the direct costs of recovering the goods, or to deduct any direct costs incurred by us in retrieving the goods as a result of such failure.
10.19. It is the customer's responsibility to take reasonable care of the goods whilst in their possession, and to ensure the goods are not damaged in the meantime, or in transit. If this condition is not met the Company reserves the right to make a reasonable charge for restocking and resale at a price that is less than that charged for the goods if sold as new. This charge will vary according to the condition of the returned goods. This provision is designed to ensure that returned goods can be sold again as new. Goods must be re-sellable as new in order to qualify for the refund.
10.20. Outside of 30 days from original shipping date, products will not be exchanged under any circumstances. Full refunds will not be considered if the goods are damaged in any way and seals broken invalidating any warranty.
11. Warranty & Faulty Items.
11.1. All goods supplied through only authorised and licensed distributors** of the Company are warranted free from defects from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
11.2. This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Company, failure to follow the Company's instructions, or any alteration carried out without the Company's approval.
11.3. If you consider that upon opening of your product(s) that it/they is/are faulty, return the product to us within 5 working days from the date you noticed the fault, and in any case within 14 calendar days from the date of receipt. You must follow the Returns process described at section 10 above. We will undertake an assessment of the Product to determine its fault.
11.4. If a product that was faulty at the time of sale is returned to us, the buyer will be entitled to a replacement product that will be dispatched immediately at no extra cost to the customer.
11.5. Any items which are returned as faulty and are found by us (in our sole discretion) to be in a perfect condition will be charged a handling fee of £10 or 10% of the value of the goods, whichever is the greater.
11.6. If we do not find the Product to be faulty (in our sole discretion) and it has been opened this replacement policy will not apply. We will not refund or replace any opened returned Products that are not considered faulty– this is because all parts of the FB1™, FB1™Glass Hair Cutter and FB1™ Glass Blade are sterile and once opened the Product is not reusable.
11.7. If you have any complaint about the goods supplied to you, you should notify the Company in writing as soon as possible, but in any event within 7 calendar days of the date you discovered or ought to have discovered the cause giving rise for complaint. These notifications should be communicated to us in writing in accordance with section 21.2 below .
12. Safety and Liability.
12.1. By purchasing the Product you warrant that you understand that the use of sharp objects such as glass may involve some risk and by purchasing the Product you agree to the following:
- You assume any and all risk of injury or death.
- You understand that as a condition of Acceptance of the Product you hereby (to the extent permitted by law) waive, release and forever discharge from liability and indemnity the Company, its officers, directors, agents, employees, assigns, successors or lessors for any damage, injury, or death to yourself or other persons or property, in any way connected with use of the Product including the application of emergency medical services.
- You understand that there exist specific hazards associated with the use of any sharp implement such as Glass Cutting Tool and may include in extreme circumstances injury and/or death, and they have been made known to you.
- With this knowledge, you accept full responsibility for those hazards.
- You understand that this is a release of liability, which could to the extent legally permitted by law, prevent you from filing a law suit or making any other legal claim for damages in the event of your injury or death.
- With this knowledge, you are entering into this agreement fully and voluntarily.
- You agree that the Conditions are binding upon you, your spouse, your heirs, your children including any guardian ad litem for the children, your assignees, and legal representatives.
12.2. We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for the purposes for which products of the kind are commonly supplied.
12.3. Our liability for losses you suffer as a result of us breaking a Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.
12.4. Where the Buyer is acting as a business all warranties , conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
12.5. Nothing in the Conditions excludes or limits the liability of the Company:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
13. Written Communications.
13.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. Force majeure.
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event
14.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs 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.
14.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with section 21.2 below.
16. Substitutions and modifications.
16.1. We reserve the right to substitute or change materials, parts, items, Product specifications or functional attributes at any time without notice.
17. Governing Law and Jurisdiction.
17.1. The Conditions and any Contracts for the purchase of Products will be governed by English law. Any dispute arising from, or related to, the Conditions or such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
18.1. The Customer may not assign, transfer, charge or otherwise dispose of a Contract or any rights or obligations arising under it without the express prior written consent of the Company.
18.2. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. Data Protection.
19.1. We will take all and every reasonable precautions to keep the details of your Order and payment secure at all times, but unless the Company is negligent, we will not be liable for unauthorised access to information supplied by you.
20. Severability and Entire agreement.
20.1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20.2. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.3. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in the Conditions.
20.4. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.
21. Contact Details and Notices.
21.1. Postal address for all goods for return - Attn: Returns; Frank Bisson Worldwide Ltd, c/o Senator Communications UK Ltd, 5 Newton Court, Wavertree Technology Park, Liverpool, L13 1EJ.
21.2. All notices given by you to us must be given to: Frank Bisson Worldwide Limited, at
289 Brantingham Road, Chorlton-Cum-Hardy, Manchester, M21 0DZ or via email at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an Order, or in any of the ways specified in section 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
** A full list of authorised and licensed distributors is available from Frank Bisson Worldwide Ltd