Online Shop Purchases Terms & Conditions
Funktion Leisure Limited ("FLL")
BOOKING TERMS AND CONDITIONS
Funktion Events is a trading name of Funktion Leisure Limited
Our terms and conditions are here to protect us as well as you. These are standard terms that you should understand but please feel free to ask for further clarification when needed.
"we" "us" and "our" are references to Funktion Leisure Limited ("FLL").
"you", "your" means the website user & purchaser of online shop items.
'Conditions' means these terms and conditions.
'Website' means the Website located at www.funktionevents.co.uk or any subsequent URL which may replace it or sit alongside it.
'United Kingdom' means England, Wales, Scotland, Northern Ireland and the Channel Islands.
'You” “your' means a user of the Website.
'Working days' mean Monday to Friday (excluding public holidays in the United Kingdom).
"Force Majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control or the control of the supplier concerned
"in writing" means by facsimile, email or letter.
Our terms and conditions comply with UK legislation and are designed to ensure that our customers can shop easily and with confidence with www.funktionevents.co.uk
These terms and conditions only apply to our online shop only.
We reserve the right to change any services, product prices, product specifications and availability at any time. All prices and descriptions supersede all previous publications. All product descriptions are approximate. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
This Website, any content contained herein and any contract brought into being as a result of usage of this Website are governed by and construed in accordance with law of the jurisdiction specified in the clauses below and the parties to any such contract agree to submit to the exclusive jurisdiction of the courts as specified. All contracts are concluded in English. These terms and conditions do not affect your statutory rights.
Orders will only be accepted from persons over the age of 18.
All orders are subject to acceptance and availability. If any goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available from stock or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time prior to acceptance.
You shall be responsible for ensuring the accuracy of the details provided on the order form and we will not accept an order unless all details requested on the order form have been entered correctly.
You acknowledge that any automated acknowledgment of your order that you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website.
The conclusion of a contract between you and us will take place when we accept your order by (i) debiting your credit or debit card, or (ii) despatching goods to you/making goods available for download by you or commencing the services, whichever is the earlier.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Each item or service purchased is sold subject to additional specific terms and conditions relating to that item or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms.
We are entitled to refuse any order placed by you and will not be required to provide an explanation.
3. PaymentAll prices are inclusive of VAT but exclude delivery costs at the current rates and are correct at the time of entering the information onto the system. Prices quoted are for delivery (in the case of goods) and for performance (in the case of services) in the United Kingdom unless otherwise specified. Prices are in Pounds Sterling unless otherwise specified.
We reserve the right, by giving notice to you, the buyer, at any time before delivery or performance to increase the price of goods or services to reflect any increase in the cost to us, which is due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture).
In the unlikely event of there being such an increase in the price of goods or services you, the buyer, shall be entitled to cancel the order at any time before delivery or performance.
In the unlikely event that the price or description of an item or service has been incorrectly advertised, we will contact you by email, telephone or post to ask whether you wish to proceed with your order with the correct price or description. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. Unless we have already despatched or commenced performance of your order, we will not be obliged to supply products or provide services at the incorrect price or based on an incorrect description.
Payment can be made by any major credit or debit card or through an electronic payment account as explained on the order form.
Payment will be debited and cleared from your account before the despatch of your goods or provision of the service to you.
By placing an order, you, the buyer, consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form.
Title to the goods will pass to you, the buyer, on delivery of the goods.
We will issue you with an electronic receipt to your email address once the goods have been despatched.
When you pay for your order by credit or debit card, we carry out checks or 'authorisations' with the card issuer for security reasons. Should any problems occur with the authorisation of your card, we will contact you with further details.
Goods will be delivered to you, the buyer, at the address provided by you on the order form.
We can deliver to an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.
You will become the owner of goods you have ordered when they have been paid for and delivered to you.
Delivery is to mainland UK only. The delivery options and prices will be given to you to choose when completing your order. We welcome enquiries from elsewhere, however, and ask that in these cases you contact us by e-mail, letter or telephone for onward shipping costs to other locations.
Our deliveries in the UK mainland are contracted to outside carriers who deliver Mondays to Fridays (excluding public holidays) between the hours of 8:30 AM and 5:30 PM. Evening, Saturday & Sunday deliveries are not available.
We will inform you by e-mail or telephone at least 48 hours prior to despatch of our expected delivery date. We regret that we are unable to specify exact delivery times within that date. All deliveries must be signed for and you should keep your receipt. If goods are showing obvious signs of damage in transit upon receipt, please refuse to accept the delivery.
5. EligibilityTo be eligible to purchase goods or services on this Website and lawfully enter into and form contracts on this Website, you must:
if an individual, be 18 years of age or over; and register your real name, address, phone number, email address and any other details requested.
If you are under 18, please ask an adult to contract on your behalf. By offering to purchase goods and services, you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
You agree to indemnify, defend and hold harmless FLL, owners, employees, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the services FLL provides, your breach of the Terms of Service, your violation of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
7. Returns and SubstitutionsAt FLL we want you to be completely satisfied every time you shop with us, so we’ve tried to make our returns policy as simple as possible.
If for any reason you are unsatisfied with your purchase you have 14 days from the receipt of your order to return it to us. We will refund the value of the returned items to the original payment method within 2 working days of receiving the goods.
(i) Rules of returns
When you return an item we ask that it is still in the original packaging and is not worn, washed, damaged or had the tags removed. Any item which fails to meet these criteria may not be returned.
Due to the fast-moving nature of our product range, we cannot administer exchanges on any products purchased from FFL. This procedure has been put in place to benefit you the customer, ensuring that we turn around your required itens as soon as possible.
(ii) Return your order by post
Please repackage the products you wish to return and include your original invoice, having taken a copy for your own records. Then take the parcel to your nearest Post Office. Please note that you are responsible for the goods until they are returned safely to us, therefore, we recommend that you send the goods by the “Recorded Delivery” service or some other form of insured postage.
Please send completed returns to:
Funktion Events (Returns Dept),
10 St John Street
CH1 1DA - UK
Please be aware that the cost of returning any unsuitable goods is your responsibility. Whilst we sometimes offer a free delivery service to our UK customers we do not offer a free returns service. If you are unsure of the cost of returning your goods or have any questions about the return of unsuitable items then please do not hesitate to contact customer services at email@example.com or by calling +44 (0)1613410052.
(iii) Returning faulty goods
If your goods are faulty please follow the returns procedure in the previous section and we will supply replacement goods, a credit note or a full refund of the purchase price. These options depend on the length of time passed from when you made your purchase. FLL will also refund the cost of returning the faulty item (please include a copy of your postage receipt as statement of the return cost).
‘Faulty’ means that the item has a manufacturing fault or hidden defect, which was present at the time of delivery. An item is not faulty if it has become damaged or faulty because of wear and tear, misuse, or accidental damage. Please note that FLL checks the quality and workmanship of goods prior to dispatch.
If you would like to enquire about an item you believe to be faulty or you have any other questions about a return, please contact us.
8. Your Right To Cancel This Agreement
Subject to the Distance Selling Regulations, you have ten days from the Commencement date (“cooling off period”) in which to cancel this agreement if you, for any reason, are unsatisfied with the goods which you have received. This period begins the day after your goods have been delivered.
If you wish to cancel your agreement you must notify FLL of this fact in writing and send your notification to us via e-mail or post. Contact details may be found below.
Upon cancellation of the agreement you are obliged to return the goods we have delivered to you. Upon receipt of the returned goods we will exchange the goods or will issue you a refund of the full price you paid for the goods. Unless you originally received substitute goods we will not reimburse you for the cost of returning goods. You should return all goods in accordance with our Returns Clause 7.
9. Limitations of Liability
IMPORTANT: THIS CLAUSE CONTAINS PROVISIONS WHICH LIMIT THE EXTENT TO WHICH WE ARE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER IN ASSOCIATION WITH THE GOODS. PLEASE READ IT CAUTIOUSLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or willful misconduct, or fraud or misrepresentation on our part.
To the fullest extent permitted by applicable law, we disclaim all liability for our employees' or sub-contractors' negligence.
All conditions, terms, representations and warranties relating to the Goods which are not expressly stated in this agreement are hereby excluded to the fullest extent permitted by law.
Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Goods shall be limited to the value of the goods supplied.
No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising.
Every provision of this clause excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this agreement.
10. Contact Details
If you have any questions or problems with these terms and conditions or any other aspect of FLL, or if you have a complaint you can call us on +44 (0)161 341 0052 or contact us by email firstname.lastname@example.org. You may also contact us in writing at -
Funktion Events, 6a Kings Building, King Street, Chester, Cheshire, CH1 2AJ - UK.
We aim to respond to any communication received as quickly as possible.
11. Force Majeure
We shall have no liability for delays or failures in delivery or performance resulting from force majeure, including but not limited to, war, demands or requests of Government authorities, strikes, shortages of labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers, transportation disruptions, inability to ship or other causes, beyond our reasonable control.
12. Jurisdiction and Law
Upon entering www.funktionevents.co.uk you are bound by these Terms & Conditions. The agreement shall be governed by and construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the English courts. You are responsible for compliance with any applicable laws of the country from which you access our website. Any dispute related in any way referable to the content of this site in respect of trademarks, copyright or image content shall be resolved exclusively by discussion of the terms of which are to be agreed between FLL and yourself. All matters regarding the use of image or text displayed anywhere on the funktionevents.co.uk site, its newsletters or adverts are to be directed to email@example.com. Use of images or text without prior consent from FLL and its owners will lead to legal action.
13. Product images and descriptions
Please note that the colour of images shown on this website may be affected by the technology used to access it. Whilst we do our best to faithfully reproduce colours, some variation may occur.