The terms and conditions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website/s.
“Goods” means any of the Goods we offer for online sale.
“Content” means any material in any form published on Our Website by us or any third party with our consent.
2 Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 In any event to you as a buyer or prospective buyer of our Goods.
2.3 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.
2.4 If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order.
3 Price and Payment
3.1 We endeavour to keep our prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
3.2 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.
3.3 Prices include UK value added tax (where applicable). If you reside outside the UK, VAT may be deducted.
4.1 Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.
4.2 Goods that are in stock will be guaranteed to be despatched to you within seven days of your order unless circumstances outside of our control prevent us from doing so.
4.3 Goods are sent at our risk until received by you.
4.4 Delivery is charged at the amount stated at the time of ordering unless seperate charges stipulated in the products description by us are present.
5 Cancellation of order
5.1 If you are a citizen of the European Union, and you bought the Goods as a Consumer, you may cancel your order at any time before we despatch your order.
5.2 As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website.
5.3 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.
5.4 If you cancel after we have despatched the Goods, then we have no obligation to make a refund unless you, as the customer, have made a legal return of the entire or part order.
5.5 The option to cancel your order is not available if the Goods are: made or altered to your specification.
5.6 If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.
5.7 You are responsible for the cost of returning them.
5.8 To assist us in identifying your Goods on receipt by us, we ask you to include your full name, address and telephone number.
5.9 If you fail to return the goods, within 30 days, then the case of refunding and returns will be dropped with no obligation by you or us for further action.
5.10 We will refund your money within 14 days.
5.11 This paragraph does not affect your rights in the event that the Goods are faulty.
6 Foreign taxes, duties and import restrictions
6.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
6.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
7 Goods returned
7.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
7.1.1 exactly what is the fault;
7.1.2 the date, if relevant, when the fault became apparent;
7.1.3 when and how you discovered the fault;
7.1.4 how the fault affected your use of the Goods;
7.2 To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty:
7.3 You must tell us by email 'email@example.com' you that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then make an issues case. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
7.4 The Goods must be returned to us as soon as any defect is discovered.
7.5 So far as possible, Goods should be returned:
7.5.1 with both goods and all packaging as far as possible in their original condition;
7.5.2 securely wrapped;
7.5.3 at your risk and cost.
7.6 Any credit or replacement stock shall only be considered if such a claim relates to any shortage, damage, defect in condition, failure to correspond with order or non-delivery and if claim is received in writing at the Funky Fly Tying address shown on the delivery note within 14 days of the date of delivery of goods to the customer (or, in the case of non-delivery, of the date of the order confirmation). If claims are not submitted within such time limits Funky Fly Tying shall have no liability in respect of such claims and the customer shall be bound to pay the price as if the goods had been delivered in accordance with the agreement.
8.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
8.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods for your purpose;
8.3.2 the truth of any Content on Our Website published by someone other than us;
8.3.3 compatibility of Our Website with your equipment, software or telecommunications connection.
8.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
8.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
8.7 The above two sub paragraphs do not apply to a claim for personal injury.
9 Content and Intellectual Property Rights
9.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
9.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
9.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
9.4 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
9.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
10 System Security
10.1 We will do our best to maintain Our Websites so that you have constant use, but there will be times when your use may be interrupted.
10.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
10.3 You may not use any software tool for the purpose of extracting data from our website.
10.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
11 Miscellaneous provisions
11.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
11.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
11.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
11.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
11.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
11.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
11.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
11.8 This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
You can return your purchase to us in its original condition within 14 days of the date you received your order and we will issue a full refund for the price you paid for the Product(s) received. Please contact us before you send anything back and we will advise you of the procedure to follow. Please see our Refund Policy for further information.
You can cancel any order placed by contacting us before we despatch the item and we will organise a full refund within 14 working days. Should there be a problem with your order, such as you’ve received the wrong title, please contact us. If the Products(s) you receive is faulty or damaged please contact us so we can send you a replacement.