1.1 These Terms and Conditions will apply to all EU or international orders and govern your contract with us for (i) the sale of Products; and (ii) international delivery services. They also tell you the rules for using our website, Kitbag (our site).
1.2 Please note that certain provisions of these Terms and Conditions will apply differently depending on whether you live within England, the EU or outside the EU. Provisions that may vary include the provisions in clauses 4 (How is a contract formed between us), 9 (What is the charge for delivery?), 10 (How to pay & VAT) and 11 (Import Duty and Tax Payments and Customs). In each of these provisions we have stated which terms will apply to you according to your country of residence. In addition, please refer to the definitions of ‘EU’ and ‘Non-EU Countries’ in clause 2 below.
1.3 Your contract for the purchase and delivery of our Products will be with Fanatics (International) Limited (“Fanatics”). Our registered address is at Greengate, Middleton, Manchester, M24 1FD, United Kingdom. You can contact our customer services team regarding any queries relating to these Terms and Conditions and Orders you place using the following contact details:
Customer services team contact details:
Telephone: +44 (0) 333 014 5354
Our Customer Services team provides support between
8am to 8pm Monday to Friday and 9am to 4pm on weekends.
1.4 We reserve the right to cancel any Order that is made by a minor, under the age of 18, where the consent of that minor’s legal guardian is not received. If you are under the age of 18 you must ensure your parent or legal guardian knows and agrees before you or you agree to buy anything online. In subscribing for emails, or entering any competition that requires information about you, you warrant you are over 16 years of age.
In using purchasing our Products you confirm that you are a consumer. A consumer is someone who is:
i. an individual; and
ii. acting wholly or mainly outside of their trade, business, craft or profession.
“Contract” means the contract formed between you and Fanatics each time you purchase Products from us via our Website (see section 4 below regarding how a Contract is formed between us).
“EU” means any country or territory in the fiscal (VAT) area of the European Community and at all times England and excluding Non-EU countries.
“Non-EU Countries” means any other country or territory not within the fiscal (VAT) area of the European Community.
“Order” has the meaning given to it under clause 4.1 (When is your order placed) below;
“Personal Information” means the details provided by you on registration
“Product” means a product displayed for sale on the Website
“Product Description” means that part of the Website where certain Terms and Conditions in respect of the individual Product are provided.
“User” means any user of the Kitbag Website.
“We/us/our” means Kitbag
“Website” means the website located at www.kitbag.com including any sub-domains or any subsequent URL which may replace it.
“You” means a user of this Website.
3.1 Each Product purchased is sold subject to its description on its product page. This may set out additional terms related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and any applicable guarantees that may apply to the product.
3.2 Please note that Product descriptions may vary depending on what country you are in and where you choose to deliver the Products. We cannot guarantee that all Products will be available for international delivery to every country.
You place the order for your Products on the Website by following the prompts and clicking the “Buy Now” button at the end of the checkout process. Once you have clicked this button it constitutes an “Order”.
Your contract with us to deliver Products only relates to those Products confirmed in the “order confirmation” email sent by us to you. We will not be obliged to deliver any other Products, which may have been part of your Order, unless and until those Products are confirmed in an order confirmation email.
Order acceptance and completion of our Contract will take place when you receive an order confirmation e-mail confirming that we accept your Order, or you have cancelled it in accordance with the instructions in clause 5 below.
▪ The product you ordered being unavailable from stock;
▪ If we are unable to obtain authorisation for your payment;
▪ The identification of a pricing or Product description error;
▪ We reasonably believe you may have the intent to resell the Product; or
▪ You not complying with these Terms and Conditions (for example, if you are under the age of 18 and we have not received consent to the Order from your legal guardian).
5.1.1 You are entitled to cancel your Contract (your whole Order) if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the Products in question.
5.1.2 You have an additional right to return individual products or your whole Order up to 365days after the day on which your Order is despatched from us. Returns must be in original condition, unworn/unused with original tags and labels.
5.1.3 Your right to return Products does not apply to DVDs, videos, PC & video games which have been opened, pierced jewellery, goods made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned (for example, underwear/swimwear which has been worn) or are liable to deteriorate or expire rapidly).
5.1.4 To exercise the right to cancel, you must inform us of your decision to cancel your Contract by a clear statement, including details of your name, geographical address, details of the Order you wish to cancel and, where available, your phone number and email address.
5.1.5 You can cancel by contacting our customer services team on the contact details above or by using our Returns Portal.
5.1.6 If you decide to cancel, you should return the Products to us at your cost within 30 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the cost of the Products being returned. If you cancel your whole Order in accordance with clause 5.1.1 only, this includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery). If you do not cancel your whole Order, but only certain Products within your Order, we will only reimburse you for the cost of those Products returned and we will not refund the cost of delivery.
You may also cancel your
contract if the Products are damaged faulty or not as described, in which case
we will refund the cost of returning the goods. Please see clause 7
6.1 Other than in the circumstances set out in clause 5, it’s not possible to make changes to your Order once you’ve placed it. If you’d like to add Products to your Order, please place a new order for these Products.
6.3 If the Products you ordered have already been collected from our warehouse for delivery to you, then you will need to use our Returns Portal in the event of any unwanted Products.
6.4 Except as provided in clause 5.1.6, unless Products are faulty, damaged or not as described upon delivery you are expected to bear the cost of any return and your original delivery charge will not be refunded.
7.1 If your Order arrives and the Products are damaged, faulty or not as described, you may cancel the Order and we will reimburse you the cost of the Products, the delivery charge for your Order and reasonable costs of you returning the Products. We will reimburse you with these costs through the payment method you used to place the Order within 14 days of our receipt of the returned Products. For more information on how to return Products, please click here.
8.1 Delivery lead times to international addresses will vary according to destination but we will use reasonable endeavours to ensure that all Products will be delivered within 30 days from the conclusion of the contract with us. In the event that your Order has been despatched by us (as confirmed in the despatch confirmation e-mail) but has not arrived within the estimated delivery time range, please contact our customer services team on the contact details above. Please contact Customer Services if you have any queries about international delivery services.
8.2 Depending on stock availability, we may split delivery of your Order into several parts and deliver them separately. You will not be charged extra for this. Occasionally, delivery of your Order may be delayed or prevented for reasons beyond our control, such as material shortages, import delays or higher than anticipated demand. Delivery may also be delayed due to customs-related processes (such as inspection).
8.3 If delays outside of our control occur, we will make every effort to keep you informed. For the avoidance of doubt, time is not of the essence for the delivery of the Products, but you will remain entitled to all statutory rights provided to you by the applicable laws.
10.1 Payment is to be made in the currency selected by You on site prior to checkout. International credit card providers or banks will determine the exchange rate; if payment is made in a currency not issued as standard by the bank, they may add an additional processing or administration charge which the cardholder will be liable to pay.
Where you have requested delivery to an EU address, the price paid for the Product and applicable delivery charges will include VAT or the equivalent tax in the country to which the product is to be delivered, as applicable. Please see further details below.
Where you have requested delivery to a Non-EU Country address, the Products and the delivery service will normally be zero-rated and not subject to VAT, but the price paid by you for the Products and/or the delivery service will remain the same as shown on the Website. Please also see Section 11 below regarding taxes and duties in the destination country.
● Under the EU VAT Distance Selling regime, VAT must be charged for deliveries within the EU. The UK rate of VAT will normally be due, but once our sales into an EU country have exceeded the threshold for VAT registration, we are obliged to register for VAT in that country and account for VAT at the rate of tax in force in that country.
● The country of taxation will be indicated in the order confirmation email you receive for your Order. The applicable VAT numbers for Kitbag are:
United Kingdom – GB 234 1527 33
Austria – 683606966
Belgium – BE0810940388
Cyprus – CY99200016Q
Czech Republic – CZ682349032
Germany – 2524686692
Denmark – DK12621426
Spain – N8261826E
Finland – FI22594129
France – FR89520025206
Greece – EL997159923
Hungary – HU26969673
Italy – IT00132289992
Malta – MT19234317
The Netherlands – NL820523793B01
Poland – 5263025595
Portugal – PT980411106
Romania – RO25232537
Sweden – SE502067967501
Slovenia – SI93216491
Slovakia – SK4020246164
10.6 Customers buying products for delivery to an address in the United Kingdom will be charged VAT. If you are having goods delivered direct to a shipping agent in the United Kingdom but for immediate export outside of the EU it may be possible to refund the VAT, however you must contact our customer services team before placing an Order. If you make an Order without notifying us in advance, the VAT on your purchase will not be refunded.
11.2 Products delivered to destinations outside the EU may be subject to taxes, fees, customs duty, levies or other charges as a result of local legislation or customs formalities. The recipient of your Order is responsible for all customs formalities for the import of the Products and will be required to pay any additional charges for international delivery, including import duty, formal customs entry, taxes, levies and other charges that may be levied outside the EU. The recipient of the goods, not the person placing the Order, will typically receive a separate request for payment of these charges. If you’re ordering Products to be delivered to someone else, please ensure they’re aware that they’ll be responsible for these additional charges.
11.3 Unfortunately, we have no control over these charges and cannot predict what they may be, so we are unable to offer any assistance on these processes. We advise that you check any customs formalities and the import charges applicable in any Non-EU Country before ordering Products to be delivered there. We will use commercially reasonable efforts to provide you with information which we hold which relates to the Product or consignment which you may need in order to arrange customs clearance.
11.4 You (or the recipient of the Products if different) will be the importer for all international deliveries of the Products. Therefore, before placing an Order, it’s your responsibility to check that any Products ordered comply with country, state and/or federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order.
11.6 Where possible, we or our subcontractors, will carry out all customs formalities on behalf of the recipient of the Products. We or our subcontractors, will request payment for these charges from the recipient of the Products in a separate invoice. We may also request information from you in relation to customs formalities. You must respond to any request for information within 5 days of the request, or the Order will be cancelled, and the Products returned to our warehouse.
13.1 We will be responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both us and you knew it might happen.
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 or for breach of your legal rights in relation to the Products.
13.3 Your use of the website is at your sole risk. To the fullest extent permitted by law, you are responsible for complying with these Terms and Conditions and all applicable laws with respect to the use of the website. Other than as referred to in sections 13.1 and 13.2, the website, including all information and content made available on or accessed through the website is made available to you “as is” without warranties or representations of any kind. To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied.
13.4 In no event shall we or our affiliates be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages of any kind whatsoever. To the fullest extent permitted by law, in no event shall we or our affiliates be liable for any direct damages exceeding the greater of the monies paid by you to us for products in the twelve months preceding the claim or £100 GBP.
14.2 These Terms and Conditions govern our relationship with you. Any changes to the Terms and Conditions governing existing contracts must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we and you are expected to do.
15.1 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.
15.2 If your country of residence is within the EU, if you are not happy with how we have handled any complaint, you may submit a complaint via the European Commission Online Dispute Resolution platform at http://ec.europa.eu/odr. There may also be other dispute resolution platforms based in your country of residence.
If any part of these Terms and Conditions shall be found by a Court to be unlawful, void or unenforceable for any reason, then that provision shall be capable of being severed and separated from these Terms and Conditions and shall not affect the validity and enforceability of any of the other provisions of these Terms and Conditions which shall all remain in force.
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.
18.1 These Terms and Conditions shall be subject to English law. All claims or disputes arising in relation to or in connection with any contract (any Order for Products) under these Terms and Conditions shall be governed by English law. You may bring a claim to enforce your consumer rights in connection with these Terms and Conditions before the courts of your resident country, as laws in your country of residence may also apply to allow you certain levels of consumer protection. In addition, you are also entitled to bring a claim before the Courts of England and Wales if you prefer.
Kitbag is a site operated by Fanatics (International) Limited ("We"). We are registered in England and Wales with the company number 05933624. We have our registered office at Greengate, Middleton, Manchester, M24 1FD, United Kingdom.
To contact us, please email email@example.com or telephone our customer service line on +44 (0) 333 014 5354.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on July 8, 2020.
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.
25.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
26.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
26.3 If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at Telephone: +44 (0) 333 014 5354 or Email: firstname.lastname@example.org.
27.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
27.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
27.7 You may not use any material on our site for any illegal or unlawful purpose. Any unauthorised use or violation of these terms may immediately and automatically terminate your right to use and access our site and may subject you to legal liability.
28.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
28.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
28.3 The inclusion of any products or services on our site does not imply or warrant that these products or services will be available at any particular time or that the listed attributes are accurate or complete.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
30.1 This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
30.2 If you wish to complain about information and materials uploaded by other users, please contact us on Telephone: +44 (0) 333 014 5354 or Email: email@example.com.
31.1 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 and for fraud or fraudulent misrepresentation.
31.3 Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
32.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
33.6 If you wish to link to or make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
“KITBAG” is an English registered trademark of Fanatics (International) Limited. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under clause 27 above (How you may use material on our site).