Terms & Conditions

Welcome to the Big Fisch website. These terms and conditions (the “Conditions”) apply to bigfisch.co.uk (the “Website”) which is operated by Whiteley Fischer Limited, a company registered in England and Wales, number 534829 at B1 Bramingham Business Park, Enterprise Way, Luton, LU3 4BU. For the purposes of these Conditions, “you” shall be the person accessing the Website and “we” or “us” refers to Whiteley Fischer Limited. By accessing the Website you agree to accept the Conditions. If you do not agree with the Conditions, you should not use or access the Website.

General Conditions of Use

  1. While Big Fisch takes reasonable steps to ensure a reliable service, we do not guarantee that your use of this Website will be uninterrupted and/or error free.
  2. We are not responsible for your use of other websites accessed via links from our Website. Such links are not controlled by us nor do we endorse them.
  3. The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions on or through it.
  4. All rights, including copyright and database rights, contained in this Website are owned by Whiteley Fischer Limited. Except as permitted by law, you may not distribute, adapt, translate, modify, merge or make available our Website content to any person, or use it for commercial purposes. You may not use our Website content to create a database (electronic otherwise). All other rights are reserved.
  5. We reserve the right to:
  • (i) modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  • (ii) change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website. You may browse the Website without registering, however you must register as an online customer in order to buy items via our Website. When you register as an online customer, your username will be your valid email address and you will be asked to create a password. You are entirely responsible for all actions taken under your username, whether by you or by any other person. It is your responsibility to keep your username and password safe. When you register as an online customer, you agree that any information which you provide shall be true and accurate in all respects and you will notify us immediately of any changes to this information.

Conditions of Sale

The following terms and conditions will apply between you and Whiteley Fischer Limited, when you purchase products (“Products”) from us. Please read these Conditions of Sale in conjunction with the Conditions of Use. Please note that you must be aged 18 or over to purchase Products from us.

  1. Product Description We have made every effort to display as accurately as possible the colours of our Products. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the Product on delivery. All sizes and measurements are of the garment unworn. Unless otherwise stated, sizes indicated are UK sizes. Please refer to the size guide for clarification. We will take all reasonable care to ensure that all details, descriptions and prices of Products are correct at the time when the relevant information was entered onto the system. Prices are subject to change without notice. Prices are inclusive of VAT (where applicable).
  2. Pricing & Payment Your contract for purchases made through bigfisch.co.uk is with Whiteley Fischer Limited and you undertake that all Products ordered by you are for your own private and domestic use only and are not for resale. Prices displayed on our Website are in Pounds Sterling. Prices quoted are exclusive of postage and packing which will be charged at the rates specified in the delivery section. We accept Visa, Visa debit, Mastercard, Switch, Delta, Maestro, Electron, Solo and Paypal.
  3. Orders Once you have checked out and your order has been confirmed you will not be able to make any changes to your order so please make sure that everything is correct before clicking the confirm button. We must receive payment of the whole of the price for the Products that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order.

We reserve the right to refuse an order or cancel a contract. Non-acceptance of an order or cancellation of a contract may, for example, result from one of the following:

  • (i) The Product ordered being unavailable from stock
  • (ii) Our inability to obtain authorisation of payment
  • (iii) The identification of an error within the Product information, including price or promotion. If there are any problems with your order we shall contact you. If we do refuse an order or cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your debit/credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

If we accept an order from you for a Product which is then reduced in the sale before you receive it, please contact us. We will tell you whether or not the Product has been dispatched and the following provisions shall apply:

  • (i) If the Product has not been dispatched, we will refund to you the difference between the price you paid and the then current sale price, subject always to our right to cancel set out above.
  • (ii) If the Product has been dispatched, then when you receive the Product, you should return it in accordance with the returns policy below requesting a refund and then re-order the Product at the sale price.
  1. Delivery Most orders are dispatched within 48 hours – subject to payment and stock availability. Delivery times are approximate and We will not be liable for any delay in delivery however caused. If any Products are out of stock, we will advise you as soon as possible. Postage and packing charges are as follows:
  • UK – Standard – £3.50 per order. Allow 2-3 days. Next working day delivery £6.50 per order.
  • Europe – Delivery to Europe is charged at £9.00 per order. Allow up to 5-7 days.
  • Worldwide – Delivery to the rest of the world is charged at £13.50 per order. It will be sent international signed for, please allow 9-14 days.
  • Delivery Outside the EU – If your order is to be dispatched to a destination outside the European Union, you will be responsible for any customs or import duties levied once the package reaches your destination country. We have no control over such charges and cannot predict them.
  • Attempted Deliveries – If delivery is attempted and a delivery card is left and you fail to claim the Products from the local depot or post office, we cannot refund you until the Products have been returned to us. However, if you would still like the Products delivered, we will re-dispatch the parcel once we have received it back but we will have to charge for postage again.
  • Lost Parcels – We must be informed of parcels not arriving as soon as possible, for the UK it must be within 16 working days of the date of dispatch. For international destinations we must be informed within 35 days. Failure to do this can affect our ability to trace the parcel and issue any refund due. Refunds or replacements will only be issued after 16 working days in the UK or 35 working days for international parcels, and only if the parcel is deem lost in transit by Royal Mail or the relevant delivery company.
  • Missing or Damaged Products – We must be informed if any Products are damaged on receipt or missing from your order as soon as possible. If you do find that a Product is damaged or is missing from your parcel, please feel free to contact one our team on 01582 493393. If you notify a problem to us under this Condition, our only obligation will be, at your option:
    • (i) to make good any shortage or non-delivery;
    • (ii) to replace or repair any Products that are damaged or defective; or
    • (iii) to refund to you the amount paid by you for the Products in question.
  • We will not be liable to you for any indirect or consequential loss, damage or expenses howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Products in question in accordance with these Conditions.
  1. Returns/Exchange Policy If you wish to return an item, please follow our Returns Procedure below.
    8.1. As a consumer, you have the legal right to cancel your contract with us within 14 calendar days from the day after you received the product. To cancel an order, you must notify us either by email: info@bigfisch.co.uk or telephone: 01582 493393, quoting your name and order number.
    8.2. Full priced Products must be returned in new, unworn and unused condition with original garment tags still attached, 30 days after receipt. Whiteley Fischer Ltd will not accept returns of non-faulty Products that have been worn, used and/or garment tags removed. In such cases, the customer will be informed and the Product(s) will be returned to the customer.
    8.3. For hygiene reasons, please note that we are unable to accept the return of swimwear from where the hygiene seal has been removed.
    8.4. If you have requested a refund, we will credit the original purchaser’s card for the sum paid within 30 days of receipt of your notice to cancel.
    8.5. All refunds and exchanges for goods purchased via our website or by telephone must only be returned to the Head Office address stated below. Goods purchased via our website or by telephone may not be returned to any of our shops under any circumstances.Please send all returns to: Big Fisch C/O Whiteley Fischer Ltd, B1 Bramingham Business Park, Enterprise Way, Luton, LU3 4BU. Please note that the customer is responsible for all postage costs incurred when returning Products. Whiteley Fischer Ltd will not offer a refund on returned Products, which are lost or damaged in the post. We strongly recommend that Products are returned using registered post and that you keep your proof of posting certificate. Please Note: Refunds can take up to 28 days to process. If you wish to exchange any items from your order, we offer all our customers free delivery providing it is within the 30 day time frame. Nothing in these Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
  2. General We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

Wholesale Terms & Conditions

  1. Interpretation
    • In these Conditions:-
      ‘Buyer’ means the person who either accepts a quotation in writing from the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller in writing.
      ‘Goods’ means the goods or any part delivery of the Goods or instalments of the Goods which the Seller supplies in accordance with these Conditions.
      ‘Seller’ means Big Fisch C/O Whiteley Fischer Limited of B1 Bramingham Business Park, Enterprise Way, Luton, Beds LU3 4BU.
      ‘Conditions’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special or additional terms and conditions agreed in writing between the Buyer and the Seller.
      ‘Contract’ means the written agreement between the Seller and the Buyer for the purchase and sale of the Goods.
      ‘Writing’ includes by letter, email or facsimile transmission to such addresses as notified in writing by the Seller to the Buyer and vice versa.
      “Web-site” means the web-site of the Seller under the domain name of www.whiteleyfischer.co.uk
    • Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
    • The headings in these Conditions are for convenience only and shall not affect their interpretation.
  1. Basis of the Sale
    • These terms and conditions are the terms on which the Seller contracts for the sale the Goods and no variation of them shall be of effect unless expressly agreed in writing by the Seller. In the case of any inconsistency between these terms and any other form of contract sent to the Buyer to the Seller, whatever their respective dates, these terms shall prevail.
    • Any typographical, clerical or other error or omission in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
  1. Orders
    • No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller’s authorised representative.
    • The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
  1. Terms of Payment
    • Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or as the case may be the Seller has tendered delivery of the Goods.
    • Provided no previous invoice is overdue, the Buyer shall be entitled to a prompt payment discount of the percentage specified overleaf excluding any charge for transport, packaging or insurance for payment within the period specified.
    • The Buyer shall pay the price of the Goods less any discount to which the Buyer is entitled, but without any other deduction within Thirty (30) days of the date of the Seller’s invoice, and the Seller shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
    • If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
      • cancel the contract or suspend any further deliveries to the Buyer; and/or
      • appropriate any payment made by the Buyer to such of the Goods or the Goods supplied under any other contract between the Buyer and the Seller as the Seller may think fit notwithstanding any purported appropriation by the Buyer; and/or
      • charge the Buyer interest both before and after any judgment on the amount unpaid, at the rate of 4 per cent per month above Barclays Bank Plc base rate from time to time, until payment in full is made. Any part of a month shall be treated as a full month for the purpose of calculating interest and legal cost of recovering any unpaid monies due.
  1. Delivery
    • Dates quoted for delivery are approximate and the Seller shall not be liable for any delay in delivery however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
    • Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the entire Contract as repudiated.
    • If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions then, without prejudice to any other right or remedy available to the Seller, the Seller may:
      • store the Goods until actual delivery and charge the Buyer for the reasonable costs of storage including insurance; or
      • sell the Goods at the best price readily obtainable and after deducting all reasonable storage and selling expenses account to the Buyer for any shortfall below the price under the Contract.
  2. Risk and Property
    • Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery of the Goods, or, if the Buyer wrongfully fails to take delivery of the Goods, when the Seller has tendered delivery of the Goods.
    • Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
    • Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property, but shall be entitled to resell or use the Goods in the ordinary course of its business.
    • Until the property in the Goods passes to the Buyer and provided the Goods are still in existence and have not been resold, the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
    • The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall without prejudice to any other right or remedy of the Seller forthwith become due and payable.
  3. Warranties and Liability
    • The Seller shall not be liable for any defect in the Goods arising from any drawing, design or specification supplied by the Buyer.
    • The Seller shall not be liable to the Buyer if the total price of the Goods has not been paid by the due date for payment.
    • Any claim by the Buyer which is based on any defect in respect of the quality or condition of the Goods or their failure to correspond with specification or sample shall, whether or not delivery is refused by the Buyer be notified in writing to the Seller within a maximum of 7 days from the date of delivery or where the defect or failure was not apparent on reasonable inspection, within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
    • Where any valid claim in respect of any Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification or sample is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
    • Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
  1. Force Majeure
    The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the goods, if the delay or failure was due to any cause beyond the Seller’s control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s control:
  1. Act of God, explosion, flood, tempest, acts of terror ,fire or accident;
  2. war or threat of war, sabotage, civil disturbance or requisition;
  3. acts, restrictions, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
  4. import or export regulations or embargoes;
  5. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
  6. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
  7. power failure or breakdown in machinery.
  • Suspension of Contract
    1. This clause applies if:
      1. The Buyer makes any voluntary agreement or a formal individual or company voluntary arrangement with its creditors or if a an individual or firm, becomes bankrupt or if a company becomes subject to an administration order or under receivership or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
      2. an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
      3. the Buyer ceases, or threatens to cease, to carry on business; or
      4. the Seller in his sole discretion reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly; or
      5. the Buyer has failed to make payment on the due date for payment; or
      6. the Seller considers the amount outstanding on the Buyer’s account (whether or not due for payment) to be the limit to which the Seller is willing to allow credit (whether or not the Buyer is in arrears with any payment).
    2. If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
  1. General
    • No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or ant other provision.
    • If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
    • The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.
    • These Conditions shall also apply in respect of any sale and purchase of Goods via the Web-site.