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Terms & Conditions

Trading terms and conditions of FUNKY SWEETS LIMITED

 

These terms and conditions regulate the business relationship between you and us.  By using our website in any way, or by buying from us, you agree to be bound by them.

 

No person under the age of 18 years may purchase Goods.  We look forward to seeing you again when you are over 18.

 

 

We are:                      FUNKY SWEETS LIMITED

Our address is:         WARDEN HOUSE, 37 MANOR ROAD, COLCHESTER, ESSEX, CO3 3LX

Our website is:          WWW.FUNKYSWEETS.CO.UK

                                                           

You are:         a visitor to our website / our customer

 

 

The terms and conditions

 

1.            Definitions

 

In this agreement:

 

“Additional Services”                       means all of the work we do and materials we buy to prepare or produce Specified Goods.

 

“Consumer”                                       means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.

 

“Goods”                                              means any of the goods we offer for sale on our Website, or, if the context requires, goods we sell to you. It includes Specified Goods.

 

"Intellectual Property"                     means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software,  discoveries, Know-how, together with all rights which are derived from those rights.

 

“Specified Goods”                            means Goods which have been subject to work or process to your specific order.

 

 

2.            Interpretation

 

            In this agreement unless the context otherwise requires:

 

2.1         A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

 

2.2         These terms and conditions apply to all supplies of Goods. They prevail over any terms proposed by you.

 

2.3         any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

 

2.4         Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;

 

2.5         In this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.

 

2.6         The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;

 

2.7         All money sums mentioned in this agreement are calculated net of VAT, which will be charged when payment is due.

 

2.8         A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.

 

2.9         In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.

 

2.10      These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to our website.

 

2.11      This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

 

 

3.            Our contract with you

 

3.1         This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. 

 

3.2         Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

 

3.3         Because we rely on our suppliers, [we / We] do not guarantee that Goods advertised on our website are available.

 

3.4         We may change these terms from time to time.  The terms that apply to you are those posted here on our website on the day you order Goods. We advise you to print a copy for your records.

 

3.5         If in future, you buy Goods from us under any arrangement which does not involve your payment via our website; these terms still apply so far as they can be applied.

 

 

4.            Acceptance of your order

 

4.1         This paragraph applies to Goods which you buy from us as advertised, without change to your specific requirements.

 

4.2         Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason.

AND

4.3         At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.

 

4.4         We shall accept your order by e-mail confirmation.  That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.

 

4.5         If we do not have all of the Goods you order in stock, we will offer you alternatives.  If this happens you may:

 

4.5.1     accept the alternatives we offer;

4.5.2     cancel all or part of your order;

 

 

5.            Additional Services and approval of Proof / Sample

 

5.1         This paragraph applies to Specified Goods.

 

5.2         Our contract to supply Specified Goods is a contract for both the supply of Goods and the provision of Additional Services so as to provide you with the Specified Goods.

 

5.3         The Additional Services are fully specified in Schedule 1.

 

5.4         Nothing said or done by us is an acceptance of an order until we confirm clear acceptance in writing, referring to the order. At any point up until then, we may decline your order without giving any reason.

 

5.5         Before we accept your order, we shall take as your contractual offer the specification described in our written quotation or your written order, as we choose.

 

5.6         Within 5 days of today we will submit proposals to you for approval.

 

5.7         Thereafter, we will provide whatever further work you instruct by way of further Additional Services, until you accept the Specified Goods as complete.

 

5.8         If you require work from us beyond that listed in Schedule 1, we may charge you for it.  The charge will be based on our total cost plus 30%.

 

5.9         If you terminate this agreement before the Specified Goods are complete, you agree to pay us for all of the Additional Services to the date of cancellation by you. In addition you will pay us a mark-up of 30% of the total cost of Additional Services.

 

 

6.            Prices

 

6.1         Prices of Goods are shown on our website and in our showroom.

 

6.2         It is possible that the price may have increased from that posted on our Website. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.

 

6.3         Prices for Specified Goods are available on enquiry, either through this website or by telephone.

 

6.4         Prices include UK value added tax. If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.

 

7.            Payment

 

7.1         We will not split an order. We require the full price of your order before we will send any part of it.

 

7.2         Banking charges by the receiving bank on payments to us will be borne by us.  All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

 

7.3          Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

 

7.4         If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.

 

7.5         The price of the items does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of our website before we ask you to pay.

 

7.6         If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.

 

 

8.            Payment on running credit account

 

This paragraph applies only if credit facilities have been granted to you.

 

8.1         Payment is due to reach our account before the last day of the month following delivery of the Goods. Kindly note that your cheque may take some days to clear.

 

8.2         On request, we will supply details of our bank account so as to enable you to pay directly via the Internet or BACS.

 

8.3         Our accounting system will automatically charge interest to your account after the due date, at the rate of 1 percent per month.

 

8.4         If money due remains overdue after one month, the rate we charge will be 15%. You agree that this does not represent a penalty but is a reasonable estimate of the loss incurred by us as a result of not having the money.

 

 

9.            Consumer protection: cancellation and exclusions

 

This paragraph applies if and only if, you are a citizen of the European Union, and you bought the Goods as a Consumer. The relevant law does not apply to Specified Goods.

 

9.1         You may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.

 

9.2         No term in this agreement shall take effect to reduce or remove any right you have under any law on account of your status as a consumer.

 

9.3         As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website / in our catalogue.

 

9.4         If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.

 

9.5         If you cancel after we have despatched the Goods, we will refund the price of the goods only.

 

9.6         The option to cancel your order is not available if the Goods are:

9.6.1     perishable;