T & C
Terms and conditions of sale
These terms and conditions shall govern the sale and purchase of products through our website.
You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
In these terms and conditions, “we” means Funkydz Limited; and “you” means our customer or prospective customer, and “us”, “our” and “your” should be construed accordingly.
The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section.
To enter into a contract through our website to purchase products from us, the following steps must be taken: [you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order].
You will have the opportunity to identify and correct input errors prior to making your order by simply going back into the areas where the errors are evident and correcting them.
The following types of products are or may be available on our website from time to time: Star Dust, Milky Way Wash, Martian Mousse, Atomic Jewels, Hair Gu1, Hair Gu2, Hubble Bubbles, Swizzle Fizzles, Fusion Foam, Cosmic Slime, Space Nugget, Galaxy Goop, SupaNova Bubbles, Lavender Essential Oil, Bergamot Essential Oil, Tea Tree Essential Oil and Peppermint Essential Oil.
We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
Our prices are quoted on our website.
We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
In addition to the price of the products, you will or may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
You must, during the checkout process, pay the prices of the products you order.
Payments may be made by any of the permitted methods specified on our website from time to time.
If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 5 days following the date of our written request, an amount equal to the amount of the charge-back;
All third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer); an administration fee of GBP 25.00 including VAT; and
All our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section.
Our policies and procedures relating to the delivery of products are set out in our delivery policy document.
We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 5 business days following the date of the order confirmation; however, we do not guarantee delivery by this date.
We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 2 business days following the later of receipt of payment and the date of the order confirmation.
We will only deliver products to addresses on the UK mainland for all other deliveries please contact firstname.lastname@example.org to confirm postage and delivery.
Risk and ownership
The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products. Ownership of a product that you purchase from us will pass to you upon the later of, delivery of the product; and receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee. If you are business customer, then until ownership of a product has passed to you, you must store the product separately from other goods; and you must ensure that the product is clearly identifiable as belonging to us.
Warranties and representations
You warrant and represent to us that you are legally capable of entering into binding contracts, you have full authority, power and capacity to agree to these terms and conditions; all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
We warrant to you that we have the right to sell the products that you buy; the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions; you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions; the products you buy will correspond to any description published on our website; and the products you buy are handmade in small quantities, so variation in colour, size, scent, texture and wrapping may be evident between batches or orders.
All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to this Section, all other warranties and representations are expressly excluded.
We may revise these terms and conditions from time to time by publishing a new version on our website.
Third party rights
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
Subject to this section, these terms and conditions, together with our delivery policy and our returns policy shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
Statutory and regulatory disclosures
We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference. These terms and conditions are available in the English language only.
This website is owned and operated by Funkydz Limited. We are registered in England and Wales under registration number 9663579, and our registered office is at 20-22 Wenlock Road, London, N1 7GU, United Kingdom. You can contact us by writing to the address given above, by using our website contact form, by telephone on the number given on our website from time to time or by email to the email address given on our website from time to time.