Terms and Conditions
Terms and Conditions
Standard terms & conditions of sale
This page, (together with the documents referred to on it) tells you the terms and conditions ("Terms") on which we will supply any of the Goods listed on our website www.funkylaundry.co.uk ("Goods"). Please read these Terms carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods you agree to be bound by these Terms.
You should print a copy of these Terms for future reference.
Nothing contained in these Terms affects your statutory rights.
Information About Us
www.funkylaundry.co.uk is a site operated by Funky Group Ltd, a limited company (company number: 9574617) whose registered office (and trading address) Unit 18, Avon Trading Park, Reid Street, Christchurch, Dorset, BH23 2BT. References in these Terms to "Funky Group Ltd", "we", "our" or "us" means Funky Group Ltd.
Your Status
By placing an order through our site, you warrant that: you are over 18 years of age; you are legally capable of entering into binding contracts and all the information you have provided to us is true and accurate; you possess a valid credit or debit card ("Payment Card") issued by a bank acceptable to us. We accept payments with the following credit or debit cards: Solo, Mastercard, Maestro, Laser, Visa, Visa Delta, Visa Electron and Visa Purchasing. See condition 7 for further payment details; and you have sufficient funds to cover the cost of the Goods.
Contract Formation
We accept orders for Goods made on-line via our website www.funkylaundry.co.uk only. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order is an offer to us to purchase the Goods subject to these Terms. All orders are subject to acceptance by us and a contract will not be formed between you and us ("Contract") for the purchase of Goods until we issue an e-mail confirming dispatch of the Goods (the "Dispatch Confirmation"). All orders are subject to availability and confirmation of the order price. The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation. Goods will not be dispatched until successful completion of pre-authorisation check of your Payment Card to ensure that sufficient funds are available for the transaction. Your Payment Card will only be debited once your order has been accepted. Availability of Goods If for any reason beyond our reasonable control we are unable to supply the Goods or any part of an order to you we will notify you at the earliest opportunity by e-mail to the e-mail address you have provided to us. If any of the Goods are out of stock we will endeavour to specify this on our website. If, however, you place an order for Goods which we subsequently discover to be out of stock, we will endeavour to inform you of this and to notify you of the likely timescales for delivery of such Goods.
Right to Cancel
Under the Distance Selling Regulations, you have the right to cancel Goods ordered via our website, within 7 working days of the day after the day you received the Goods (provided there are no hygiene reasons why they cannot be returned see Delivery and Returns policy). However as a gesture of goodwill, Funky Group Ltd have extended this right to a period of 28 days. If you wish to exercise your right to cancel your order, you need to inform us in writing (in accordance with condition 5.2) within 28 days of receiving the Goods. In this case, you will receive a full refund of the price paid for the Goods subject to compliance with our refunds policy (set out in clause 10). In order to cancel a Contract, you must inform us in writing by post or email or by completing the Returns Form and returning the Good(s) with the Returns Form in accordance with our returns policy. The Goods must be in the same condition in which you received them. Returns will be at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession and should obtain a certificate of posting from the Post Office or send the Goods back via Special Delivery. If you fail to comply with your obligation to return the Goods in the same condition in which you received them, any refund shall be at our discretion. The Returns Form should be completed and enclosed with the Goods which should be securely packaged and returned to us at the following address: Funky Group Ltd, Unit 18 Avon Trading Park, Reid Street, Christchurch, Dorset, BH23 2BT . If you do not return the Goods within the timescales above, you will be deemed to have accepted the Goods and will not be entitled to a refund.
The prices payable for the Goods are the prices set out on our website at the time that you place an order ("Price"). The Price is inclusive of VAT but does not include our charges for delivery of the Goods which will be charged at the rates applicable at the date you place your order displayed in the checkout section of our website. If, by mistake, we have under-priced any of the Goods, we will not be liable to supply those Goods to you at the incorrect price, provided that we notify you of the mistake prior to dispatch. We will inform you of the error as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel the order and you have already paid for the Goods, you will receive a full refund. If you order Goods from our site for delivery outside the UK, the Goods 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 the order. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws. We reserve the right at any time to vary the Price to reflect any increase in costs to us which is attributable to factors beyond our control; including, but not limited to, any variation in the cost of materials, transport, labour or other production costs, duties or taxes. We shall notify you of any such price increase prior to delivery and you shall be permitted to cancel the order (or part thereof) relating to such Goods at any time prior to delivery without incurring any charges in respect of such cancellation. We may from time to time offer discounts, special offers or promotions in relation to the Price or any of the Goods. We will endeavour to specify the length of time for which such discounts, special offers or promotions will be available, but please note that these will be subject to stock availability.
Any available promotional codes/coupons may NOT be used in conjunction with other promotional codes/coupons. You are entitled to 1 use per customer and, unless otherwise stated, all promotional codes/coupons will exclude sale items and may only be applied to full priced products.
The Price together with the applicable delivery charge will be payable by you at the time your order for Goods is placed except where the Goods are out of stock, in which case the Price for such Goods will be payable on dispatch of the Goods by us. Payment can be made online or on the telephone using any of the following debit or credit cards: Solo, Mastercard, Maestro, Laser, Visa, Visa Delta, Visa Electron and Visa Purchasing. Payment is made via “Sage Pay”.
Delivery will be made to the address specified by you. Please be aware, the delivery address will automatically default to the billing address you have entered for your Payment Card. There is an option to change the delivery address during the check out process should you wish us to delivery to an alternative address. Please note the delivery address cannot be changed once the order has been received by us. All deliveries are by courier and/or Royal Mail. We will endeavour to deliver to customers within the United Kingdom as follows: Standard Delivery – within 3-4 Working Days (i.e. Monday to Friday, excluding weekends and UK public holidays) after we receive your order. Express Delivery – within 1 Working Day (i.e. Monday to Friday, excluding weekends and UK public holidays) (providing that the order is placed before 10.00am on the previous Working Day of receipt of order). Dispatch times may vary according to availability. Any delivery date set out in the Dispatch Confirmation or elsewhere is an estimate only and limited to UK Mainland. Delivery times are dependant upon the postal or courier service and therefore subject to any postal delays, or events of force majeure experienced by them for which we shall not be responsible. You will not be entitled to refuse to accept late delivery or treat late delivery as a breach of contract by us. We will not deliver to a post office box (PO Box) address. We also reserve the right not to deliver to a communal post office address. The address supplied by you must have a valid postcode. All Goods must be signed for on delivery at the address. If no-one is at the address when delivery is attempted the Goods may be retained by the driver, in which case the driver will leave notification of attempted delivery and may telephone to rearrange or will return to redeliver the Goods the following working day. If we have to return to deliver the Goods on a separate occasion a further delivery charge may become payable.
Ownership of Goods
Ownership of (and risk in) the Goods will pass to you when the Goods have been delivered to you. The Goods will not be dispatched until we have received payment of the Price in full cleared funds, together with any delivery changes payable by you.
Refunds/Defective Goods
If you return Goods to us because you have cancelled the Contract (in accordance with condition 5.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of our receipt of your Cancellation Notification and/or the returned Goods. In this case, we will refund the price of the Goods in full, including our delivery charge. However, you will be responsible for the cost of returning the Goods to us. If you wish to obtain a refund because the Goods are defective, the Goods must be returned to us as soon as possible after you have detected the fault. We will examine the returned Goods and will notify you, via e-mail, within a reasonable period of time regarding your eligibility for a refund. We will process the refund due to you as soon as possible and, in any case, within thirty (30) days of the date of the e-mail confirmation that you were entitled to a refund. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the Goods to you and the cost incurred by you in returning the item to us.
Our Liability
Nothing in any of these conditions: limits our liability under part 1 of the Consumer Protection Act 1987 or for death or personal injury caused by our negligence; or affects your rights under Sections 12 to 15 of the Sale of Goods Act 1979 (as amended) or any other statutory rights which you have as a consumer. We shall not be liable to you for: any statement made (unless fraudulent); or any indirect, special or consequential loss, costs or expense arising out of or in connection with the supply of the Goods. Save in respect of death or personal injury caused by our negligence, our entire liability under or in connection with the Contract shall not in any event exceed the Price. Your use of our site is subject to these Terms. We have taken every care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as reasonably possible.
Acceptable Use
Certain areas of our website may enable you to enter content of your own, such as the "customer comments" facility. In such cases, the content must not: contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory; promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of another person; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy another person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; nor be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material.
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 the Contract that is caused by events outside our reasonable control including acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving our employees), or acts of local or central government or other competent authorities, or for non-availability of materials or other items from our suppliers. Such failure shall not be regarded as a breach of obligations and/or the Contract until such time (if any) as we shall be able to perform such obligations and do not do so.
Entire Agreement
These Terms and the Dispatch Confirmation contain the whole agreement between you and us relating to the supply of the Goods. No other Terms will form part of the Contract.
Terms of Use of Our Site
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or post any other material which is malicious or technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through our site. 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 it. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. 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. Intellectual Property, Software and Content The intellectual property rights in all software and content made available to you on or through our site remains the property of Funky Group Ltd or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Funky Group Ltd and its licensors. "Funky Laundry" is a registered trade mark of Funky Group Ltd Limited. We are the owner or the licensee of all trade marks, and all other marks, trade names, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and other intellectual property rights which appear on our site and in the material published on it. Your permission to use the material on our site and our intellectual property is granted solely for the purpose of using our site in accordance with these Terms. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser. We use cookies to keep track of your current shopping session, to personalise your experience and to store items in your shopping bag. Most browsers allow you to turn off cookies. If you want to know how to do this please look at the help menu on your browser. Please note, if you do not accept cookies your user experience on our site may be affected and you will be unable to purchase products from our site. Password/Account Security To access your stored data on our site, you will need to input your account and password details ("Login Details"). You are responsible for access to your account and for maintaining the confidentially of your Login Details. If you think that your Login Details may have been misused, you should contact our Customer Services straight away (see condition 21.1 for details).
Right to Vary these Terms and Conditions
We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the terms and conditions in force at the time that you order Goods from us, unless any change to these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Goods).
If any of these Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law Governing Law and Jurisdiction All Contracts for the purchase of Goods through our site will be governed by English Law. Any dispute arising from, or related to, such Contracts shall be subject to the jurisdiction of the courts of England and Wales.
Contact Us
If you have any questions, comments or complaints please contact us by email on sales@funkylaundry.co.uk or call us on 01202 616300
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