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WEBSITE TERMS AND CONDITIONS OF SALE ("Terms and Conditions of Sale")

This page, together with Privacy Policy and Website Terms of Use informs you about us and the legal terms and conditions on which we sell the products listed on our website www.funkybynature.co.uk ("our site") or when ordering over the phone from our customer services team.  No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an order confirmation email to you indicating that your order has been fulfilled and is on its way to you.  These terms will apply to any contract between us for the sale of products to you. You should read these terms and conditions carefully before ordering products via our website or from our customer care team. We reserve the right to change these terms and conditions from time to time. The latest terms and conditions will be displayed on our website and we advise you to read through them each time that you use our site.


Please note that by clicking the “Checkout” button, you are confirming that you have read, understood and accept our Terms and Conditions of Sale or placing an order over the phone with our customer services team you are agreeing to be bound by these terms. Unfortunately, you will be unable to order products from us if you refuse to accept these terms and conditions.


INFORMATION ABOUT US

www.funkybynature.co.uk  is a site operated by Funky By Nature Ltd ("we", "us" or "our"). We are registered in England and Wales under company number 9438716 and operate from New Forest Enterprise Centre, Chapel Lane, Totton, Southampton, SO40 9LA.  Any queries about your order, our website or these terms and conditions should be directed to our Customer Services team at customerservices@funkybynature.co.uk or by calling on 01794 840850 or by writing to us at: Customer Care Team, New Forest Enterprise Centre, Chapel Lane, Totton, Southampton, SO40 9LA.
 

1.  USE OF OUR SITE

Your use of our site is governed by our Terms of Website Use and you should take the time to familiarise yourself with these terms.  You may only place an order through our site or over the phone with our customer care team, if you are at least 18 years old; are legally capable of entering into binding contracts; and you are a 'consumer' (being an individual purchasing the products outside the course of his or her business or trade). All products that you order are for your own private and domestic use and are not for resale, and you confirm and agree not to use any products for commercial, business or re-sale purpose.

2.  THE PURCHASE CONTRACT
    
You may choose to purchase goods from us by adding your product selection to your shopping basket. By pressing the “Checkout” button, you are submitting to us a binding offer to purchase the goods in your shopping basket. You may review and amend your order before you press the “Checkout" button and you should ensure that you have checked the order thoroughly before submitting it to us. Please note it is not possible to amend an order once it has been submitted. You will receive an Order Confirmation from us via e-mail which will be sent to the email address of the account holder. This Order Confirmation email acknowledges that we have received your order but does not constitute our acceptance of the order.  We will take an authorisation from your payment method when you place your order to ensure that you have sufficient funds in your account. When paying by credit or debit card, no payment will be taken from your account until we have dispatched your order.  All orders are subject to acceptance by us. We confirm such acceptance to you by sending you a Dispatch Confirmation note (the "Dispatch Confirmation") by e-mail when the goods are dispatched. The contract between us (the "Contract") will only be formed when we send you the Dispatch Confirmation, and the Contract will relate only to those products detailed in the Dispatch Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Dispatch Confirmation.
If a product you have ordered is out of stock, we will send you an email informing you of this and will dispatch the items to you when they come back into stock. If we are unable to dispatch an item that you have ordered (for example, because the item has sold out and will not come back into stock, we will contact you to advise you of this. If you have already paid for the goods, then you will be refunded for the goods ordered but not dispatched as soon as possible. If we experience a problem with your payment authorisation, we may contact you to conduct additional security checks.

3.  GOODS, PRICING, AVAILABILITY

Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Goods available from us correspond to the actual Goods, We are not responsible for variations from such descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to minor variations of the correct Goods, not different Goods altogether. Where appropriate, you may be required to select the required size, colour, number or other features of the Goods that you are purchasing.  We neither represent nor warrant that Goods will be available. All pricing information on the Website is correct at the time of going online.  We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.  Changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.  All pricing information is reviewed and updated regularly.  The price of any products will be as quoted on our site except in cases of obvious error.

The price of the products stated excludes delivery costs. Delivery costs are set out in our Delivery Information Such costs are borne by you and are separately stated in your shopping basket and added to the total amount due.  You may pay for products using Visa, MasterCard, Maestro, Visa Electron and you can select your payment type at the time you place the order with us. We will take payment when we dispatch your order. Upon receiving your order we carry out a standard pre-authorisation check on your payment method to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Payment from credit or debit cards will be collected when the goods are dispatched.

Our site contain a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced, although we would expect such instances to be extremely rare. In such cases, we may contact you to inform you of the correct price and you will be given the option to cancel or continue with your order. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

4.  RETURNS, REFUNDS AND EXCHANGES

Funky By Nature Ltd aims to always provide high quality goods that are fault free and undamaged.  On occasion however, Goods may need to be returned.  Returns are governed by these Terms and Conditions.  Please see our Returns section for details of how to return or exchange our products.  Nothing in these terms and conditions affects your legal rights as a consumer in respect of products which are faulty or not as described. Advice about your legal rights is available from the Citizens' Advice Bureau or Trading Standards.

In addition to our returns policy, you have the right to withdraw from your contract under the Consumer Contracts Regulation Act 2013. See Right of Withdrawal details below.

If you have purchased products as part of a promotional offer or discount, the refund will be adjusted to reflect any failure to meet the original promotional requirements as a result of returning the product.  In the case of faulty goods, we will also refund to you any reasonable costs of returning the product where these have been incurred, which for the avoidance of doubt will be at the prevailing Post Office rate of second class postage or local equivalent.

If you receive Goods which do not match those that you ordered, you should contact Us within 14 calendar days to arrange return.  You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.  Replacements will be issued upon Our receipt of the returned Goods.  We are fully responsible for paying shipment costs.  Goods must be returned in their original condition with all packaging and documentation.  The packaging does not need to be unopened.  Refunds will be issued within 14 calendar days and in any event no later than 30 calendar days after receipt of the returned Goods and will include standard delivery charges. 

We examine all goods returned to us and will process any refund to which you may be entitled as soon as possible. We will contact you as soon as possible if there is an issue with your return that may prevent or delay a return or exchange from being processed.  Refunds are usually processed using the same method originally used by you to pay for your purchase. Exchanges will be shown on your account as a refund of the original product and a purchase of the new product, so you will see these as two transactions on your account.

Our returns address is as follows:
Funky By Nature Ltd
New Forest Enterprise Centre
Chapel Lane
Totton
Southampton, SO40 9LA

5.  RIGHT OF WITHDRAWAL

In addition to our Returns policy, as a consumer you have a legal right to cancel a Contract with us under the Consumer Contracts Regulations 2013 ("CCR") during a specific time period. You have the right to cancel a Contract during the period that begins on the date of dispatch and ends 14 calendar days from the day after the day you receive the products. To exercise your statutory right of withdrawal, you can contact us at orders@funkybynature.co.uk, informing us of your decision to exercise your right of withdrawal, and by providing us with your details including your name, address, contact number and email address.  If you cancel your Contract with us in this way, and provided you return the full order to us in accordance with the above timescale and process, you will be entitled to a full refund including the cost of delivery at our standard delivery rate. If you return only some of the items from your original order, we will not be able to refund your delivery charge. We will process the refund no later than 14 calendar days from the date of receipt of your Right of Withdrawal notice or 14 days after we receive the products back (whichever is the earlier), provided you have complied with the conditions set out in this Rights of Withdrawal section.

6. RISK, TITLE AND WARRANTY
 
Ownership of the products will pass to you when we have received full payment for all sums due, including delivery charges, in respect of the products. The products will be at your risk from the time of delivery.  Whilst every reasonable effort has been made to ensure that all graphical representations and descriptions of Goods available from us correspond to the actual Goods, We are not responsible for variations from such descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to minor variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.  Where appropriate, you may be required to select the required size, colour, number or other features of the Goods that you are purchasing.  We neither represent nor warrant that Goods will be available.   We only supply products for domestic and private use and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

Our liability for losses you suffer as a result of us breaching these terms and conditions is strictly limited to the purchase price of the goods you purchased from us. The above does not exclude or limit in any way our liability: (a) for death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987 or for breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979; (c) for fraud or fraudulent misrepresentation; or (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

7.  DELIVERY

Delivery choices, times and costs are set out in delivery information.  Dates and times given are estimates only and although we will use reasonable efforts to fulfil your order within the estimated delivery times set out, we cannot guarantee this. Products will be delivered to the delivery address that you advised when placing your order. If you provide instructions to us or any third party used by us in relation to the delivery of your order, you are responsible for ensuring the appropriateness and accuracy of such instructions (for example, leaving with a neighbour or in an out-house) and we will not be liable for any loss or damage to the products incurred as a result of us carrying out your instructions. We reserve the right to deliver the goods to the account holder's address. Delivery will be complete when the products are delivered to the address you specified when placing your order, or in accordance with other instructions you have given us.

Goods ordered from our site for delivery outside of the UK may be subject to import duties and taxes which will be levied when the products reach their delivery destination. You will be responsible for payment of any such import duties and taxes and we have no control over these charges and are unable to predict their size. You should contact your local customs office for further information before placing your order. 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. Please be aware that Goods may be inspected on arrival at port for customs purposes and that we cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.

8. WRITTEN COMMUNICATIONS

Communications pertaining to orders made on our site or over the phone will be mainly through electronic means, including email. We may contact you by e-mail or provide you with information by posting notices on our website. You agree to this electronic means of communication and 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.  Notice may be given to you at either the e-mail address or the account holder's address. Notice will be deemed received and properly served 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.  We may from time to time, if you opt to receive it, send you information about our products and/or services.  If you do not wish to receive such information, please click on the unsubscribe link in any email which you receive from us.  

9.  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 a Contract that is caused by events outside our reasonable control. Such events may include, but are not limited to, strikes, industrial action; civil commotion, riot, invasion, actual or threatened terrorist attack, war, threat or preparation for war, fire, storm, flood, explosion, other natural disasters , or the impossibility of the use of public or private transport or telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government. Our performance under any Contract is deemed to be suspended for the period that the event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the Contract may be performed.

 
10.  OTHER IMPORTANT TERMS

This contract is between you and us and no other person shall have any right to enforce and of its terms. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.  We have the right to revise and amend these terms and conditions 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 policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions 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 those policies or these terms and conditions 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 and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).


11.    LAW AND JURISDICTION

Any contracts entered into between you and us shall be governed by English law and Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
 
 
12.  PERSONAL INFORMATION

Where you have provided us with personal information we may use this information for various purposes, for example to update and enhance our customer records, carry out identity verification, credit or anti-fraud checks against your name using third party databases (which may involve disclosure to registered credit reference or fraud prevention agencies who may retain and use your personal information), carry out analysis and to help us manage our business, statutory returns and legal and regulatory compliance.

Our privacy policy contains full details of how your personal data may be used and any use of your personal information will be in accordance with our privacy policy. Please take the time to read this document as it contains important terms.

13.  HOW WE USE YOUR PERSONAL INFORMATION  (Data Protection)

All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.  We may use your personal information to:

Provide Our Goods and services to you;
Process your payment for the Goods; and
Inform you of new products and services available from us.  You may request that we stop sending you this information at any time.
In certain circumstances (if, for example, you wish to purchase Goods on credit), and with your consent, we may pass your personal information on to credit reference agencies.  These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
We will not pass on your personal information to any other third parties [without first obtaining your express permission].


14.  COMPETITIONS

Terms and conditions relating to our Competitions can be found here.


15.  PROMOTIONAL CODES

Where you use a valid promotion code, the following additional terms and conditions apply on the discounts:

  1.  Discounts will only be available on order values over the amount stated in the offer;

  2.  Discounts are only valid until the date published;

  3.  Discounts are not refundable;

  4.  Only one discount may be used per customer per transaction;

  5.  We reserve the right to end any Discounts at any time including prior to the  advertised end date without notice;

  6.  Exclusions may apply where a code cannot be used against a specific purchase, and    Funky By Nature reserve the right to alter these exclusions at any time;

  7.  Promotion codes cannot be used in conjunction with any other offer, unless expressly indicated;

 
16.  INTELLECTUAL PROPERTY

Including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Funky By Nature Ltd, Our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given our express written permission to do so.

 
17.  THIRD PARTY INTELLECTUAL PROPERTY

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.  Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.


18.  FAIR USE OF INTELLECTUAL PROPERTY

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
 

19.  LINKS TO OTHER WEBSITES

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Funky By Nature Ltd or that of Our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

20.   LINKS TO THIS WEBSITE

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.funkybynature.co.uk without our prior permission.  Deep linking (i.e. links to specific pages within the site) requires our express written permission.  To find out more please contact us by email at info@funkybynature.co.uk.