These are the terms and conditions for www.funkygiraffe.co.uk and all other mobile applications, onboard media, blogs, phone, in person, social media and other places, and other online or wireless offerings, whether accessed via computer, mobile device or other technology, owned, or operated by The Funky Giraffe (“we”, “our” or “us”) or on our behalf for the United Kingdom.
These Terms will apply to any contract for the sale of Products by us to you (“Contract”). Please read through these Terms carefully before placing your order and retain a copy for future reference.
Before you place an order, if you have any questions relating to these Terms please contact us by e-mailing email@example.com.
We may revise these Terms at any time by updating this page. You should visit this page periodically to review the Terms because they are binding on you. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
You will have the opportunity to review your order with us and to correct any errors before confirming your order. If you have ordered a personalised item, then this will be done via email.
After you place an order, you will receive an e-mail from us acknowledging that we have received your order and setting out the details of your order. However, please note that this does not mean that your order has been accepted. Your order is an offer to purchase the Products and no contract exists between you and us for the sale of any Products at this point.
We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send to you the Dispatch Confirmation.
We will not file a copy of the Contract.
By placing an order, you warrant that you are legally capable of entering into a binding contract with us. You may only purchase Products from our websites if you are at least 18 years old.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of our inability to obtain authorisation for your payment, we will inform you of this by e-mail without undue delay and we will not process your order. If you have already paid for the Products, we will refund you the full amount.
DESCRIPTION AND PRICE OF PRODUCT
We 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 our system.
The images of the Products are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer, tablet, or mobile phone (your “Device”) will display those colours accurately to reflect the colour of the Products. Your Products may vary slightly from those images and as our products are not made in bulk, sometimes the colouring may vary slightly.
It is always possible that, despite our reasonable efforts, some of the Products available may be incorrectly priced. We will not process your order until we have your instructions to do so after the order confirmation is sent to you. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. We are not obligated to provide the Products to you at the incorrect price.
Prices for our Products may change from time to time, but changes will not affect any order that we have confirmed with a Dispatch Confirmation.
The price of a Product does not include delivery charges, which are payable by you in addition. Our delivery charges are as quoted in these Terms and they will be explained to you during the ordering process, and before you place your order.
Offers and promotional discount codes offered by us are valid only for use as part of a purchase during the promotional period. Offers and promotional discounts are only available while stocks last.
YOUR RIGHT TO CANCEL
If you are a consumer (that is, you enter into the Contract for a purpose outside your trade, business, or profession), you have a legal right to cancel the Contract, without giving any reason, during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product; you can notify us of your decision to cancel the Contract and receive a refund.
However, this cancellation right does not apply in the case of Products which have been personalised to your specification.
Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. Our systems are set up to dispatch Products as quickly and efficiently as possible and therefore if you cancel your order on the same day or even directly after you placed it, the Products may still be delivered. Your right to cancel period lasts 14 days after the Products are delivered to you. If your order is dispatched in multiple deliveries, your right to cancel period lasts 14 days after the date of the final delivery.
To cancel a Contract, you must inform us by giving a clear statement of your decision to cancel. You can inform us in writing by sending an e-mail to firstname.lastname@example.org.
You may wish to keep a copy of your cancellation notification for your own records.
If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent the e-mail to us.
Effects of Cancellation
If you cancel the Contract, we will refund to you all payments you have made to us under the Contract.
We will refund you without undue delay, and in any event no later than 14 days after receiving the Products from you. We will refund you using the payment method you used to pay for the Products unless you expressly agree otherwise.
Once we have received your cancellation notification, you will then need to return the Product to us (details will be provided to you via email) by post or in person.
Before collection, we ask that you:
· re-package the Product(s) in their original boxes along with a note explaining the reason for the return. In the case of a defective product, please provide a full description of the fault.
· wrap the package securely; and
· post back to us.
Please note that your right to cancel does not depend on complying with these requests but complying will assist us in ensuring that your refund is processed promptly.
We are under a legal duty to supply you with Product(s) which are of satisfactory quality, fit for purpose and in conformity with our contract with you i.e., match the description (‘Expected Standards’) - and will use our reasonable endeavours to do so considering all the relevant factors in the nature and manufacture of the Products supplied. Products which do not meet these Expected Standards are described as 'defective' for the purpose of explaining your rights to a replacement or refund below.
We endeavour to secure high standards of materials and workmanship. If you receive any Products from us which can be shown to have had any defect of materials or workmanship at the time, we dispatched the Products to you, or do not meet the Expected Standards as described above, you should notify us in writing to the email address shown below in the “Contact” section within 30 days from delivery.
Following receipt of such notification (and if we require, return of the defective Products) you have the option to receive replacement Products (where applicable) free of charge or we will offer you a refund for the affected Products, as set out in the “Refunds Procedure for Defective Products” section below. Replacements will be provided within a reasonable time and without causing significant inconvenience to you.
Our replacement or refund policy for defective Products will not apply to:
· Any defect in the Products arising from:
1. fair wear and tear.
2. wilful damage, incorrect handling or storage, misuse, accident, negligence by you or any third party.
3. use other than recommended by us and/or failure to follow our instructions; or
4. any incorrect information or specification supplied by you; and
· Products which you have not paid for.
Returns Procedure for Defective Products
If you notify us that the Products are defective or do not meet the Expected Standards, we will ask that you return the product to us and we would cover the cost of the cheapest method to do.
Before collection, we ask that you:
· re-package the Product(s) in their original boxes along with a note stating the reason for the return. In the case of a defective product, please provide a full description of the fault.
· make sure you wrap the package securely; and
· address details to return will be provided to you.
Please note the following:
· You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession; and
· Personalised products are non-refundable unless there has been an error made by us.
Refunds for Defective Products
Where we refund the price of any Products that are defective or do not meet the Expected Standards, we will refund the price of the Products in full, any applicable delivery charges, and any reasonable costs you incur in returning the Products to us. We will refund you without undue delay, and in any event no later than 14 days after we have agreed that you are entitled to a refund.
Our returns and refunds policy does not affect your statutory rights.
As our Products are often glass or other delicate objects, we have found the best companies to handle your orders are Royal Mail or Hermes depending on the size and weight of the package.
Please make sure someone is available to receive your order at the delivery address you give us.
Although we package each and every order in strong boxes with bubble wrap, it is always best to be on the safe side, which is why all Products are insured in transit and any claims for damages must be made to the carrier at the time of delivery – please check your parcel before signing for receipt of it. If it is damaged, it is necessary to sign and state “received damaged” on the carrier’s manifest.
The damaged items must be retained in case the carrier wishes to reclaim the package. Please notify us of any damaged parcels within seven working days, and we will happily replace your Products as soon as we can.
If you have received a package that looks fine on the outside, but the Product is damaged inside, please let us know and we will do our best to resolve this for you.
UK MAINLAND (EXCLUDING SCOTTISHN HIGHLANDS AND ISLANDS) ORDERS
Standard UK Mainland (excluding Scottish Highlands and islands) delivery costs £4.95, this takes around 1 - 4 working days to reach you.
UK SCOTTISH HIGHLANDS AND ISLANDS ORDERS
Please be aware that any additional duty or customs charges applicable in the destination country are payable by the recipient and are not the responsibility of The Funky Giraffe. We have no control over these charges and cannot predict what they may be. Customs policies vary from country to country, any further information can be found from your local customs office.
For all offshore deliveries we use either Royal Mail or Courier. Packages must be signed for on receipt, there is a tracking facility on www.royalmail.com which unfortunately, can only track packages until the point that they leave the UK.
Delivery will be completed when we deliver the Products to the address you gave us. If there is no one at the address given when we attempt to deliver the Products, the postman or courier should notify you of an alternative delivery date, an alternative place to collect the Products, or details of how to arrange an alternative delivery date.
We may deliver orders of Products by instalments each of which shall be deemed to be the subject of a separate Contract and, unless otherwise agreed in writing, no failure by us in any one or more instalments shall entitle you to repudiate any Contract for Products previously delivered or to refuse to accept any undelivered Products (although this does not affect your rights under “Cancelling your order” above and/or any of your statutory rights).
Risk and Title
From the completion of delivery to you, you will be responsible for the Products and for any loss or damage to them.
You will become the owner of the Products once we have received payment in full, including all applicable delivery charges.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
The Terms under this section do not affect your statutory rights if you are dealing as a consumer when purchasing goods.
If we fail to comply with these Terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable, unless our failure to comply with these Terms was deliberate. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We have no liability for loss arising from:
1. any Products which after delivery have been subjected to wilful damage, incorrect handling or storage, accident, negligence by you or by any third party; or
2. any failure by you to operate or use the Products in accordance with our instructions.
3. It is your responsibility as the customer to always follow the warning advice label supplied on each product.
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
Whilst we do use industry standard software and systems, we do not warrant that our website will operate error-free nor that the servers are free of computer viruses. If your use of the website results in the need for servicing or replacing any data or equipment (including your Device), we are not responsible for those costs.
We are the owner or the licensee of all intellectual property rights on the website and social media, and in the material published on them, including, without limitation, all pictures, designs, logos, photographs, and written text. These works are protected by copyright, trademarks and other intellectual property rights. All such rights are reserved. Unauthorised use of these intellectual property rights is prohibited.
Reliance on Information Posted
While we use all reasonable endeavours to keep the information on the website accurate and up to date, the material displayed on the website is provided without any guarantees, conditions, or warranties as to its accuracy.
Materials on the website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on any materials by any visitor to the website or by anyone who may be informed of any of those materials.
You warrant that all data provided by you is true, accurate, current, and complete in all respects and that you will notify us immediately of any changes to your personal information by contacting us.
Virus, Hacking and other Offences
You must not misuse or attack the website by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, servers, or any other computer or database connected with the website.
By breaching this provision, you may be committing a criminal offence and we will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use the website or social media pages will cease immediately.
We will not be liable for any loss or damage caused by a denial-of-service attack directed at the website, viruses or other technologically harmful material that may infect your Device, programs, data, or other proprietary material due to your use of the website or any material posted on it, or on any applications, or other online or wireless media linked to it.
Where the website contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content, policies or practices of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
Subject to our right to transfer set out above, each Contract is between you and us. No other person shall have any rights to enforce any of the terms of a Contract, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
The Entire Agreement
Each Contract constitutes the entire agreement between us in respect of its subject matter. You agree that you shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in the Contract. You shall have no claim for innocent or negligent misrepresentation based upon any statement in the Contract. Nothing in this clause shall limit or exclude any liability for fraud.
These Terms shall be governed by and construed in accordance with the law of England and Wales. This means a Contract for the purchase of Products through the Access Points and any dispute or claim arising out of or in connection with it will be governed by English law.
You and we agree that the courts of England and Wales will have exclusive jurisdiction, subject to the exceptions below if you reside outside of England and Wales.
If you are a resident of Scotland, you may bring proceedings either in Scotland or in England and Wales. If you are a resident of Northern Ireland, you may bring proceedings either in Northern Ireland or in England and Wales.
You can contact us by e-mailing email@example.com.
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