Fredafunk Terms and Conditions of Purchase

This website (“our Site”) is operated by Fredafunk Limited. We want our customers to understand clearly how our Site works and particularly the basis on which products are purchased.

We sell products on our Site to consumers based on these terms and conditions of purchase.  The use of our Site is also subject to these terms and our Fredafunk Website Terms of Use. Please read these terms carefully before registering for an account or making a purchase on our Site, you will agree to these terms and conditions as part of your use of the Site and/or for any purchase you make on our Site.

 

1              About our Site

1.1          Our Site provides a platform under which users may purchase goods available on the Site.

By accessing or using the Site and registering for an account, you agree to accept these terms and conditions.

If you do not agree with or accept these terms and conditions, you should not make any purchases from our Site.

If you have any questions about the Site, please contact us by:

 

1.2          Definitions

Goods means the goods you order on the Site and which you agree to pay for
Site [https://www.fredafunk.com]
Terms means the Fredafunk Website Terms of Use
We, us or our means Fredafunk Limited company registration number 11179620, and the registered office of which is at Unit A3 Leigh Trading Estate, Norweb Way, Leigh, Lancashire, United Kingdom, WN7 3EQ
You or your means the person accessing or using the Site or and making any purchase.

 

1.3          Your use of the Site means that you must also comply with the Terms and these terms and conditions, where applicable.

 

2              Using the Site

2.1          The use of the Site is governed by the Terms.

2.2          The use of the Site is to allow you to consider the purchase goods and browse the offers and information provided on the Sute.

2.3          The purchase of goods made via the Site is a purchase from us.

2.4          You agree that your contract for the purchase of any goods via the Site is made under an agreement between you and us.  In particular you agree:

2.4.1      the estimated time for delivery and supply of any goods is an estimate only;

2.4.2      you will make payments to us required for any goods before the goods are dispatched;

2.4.3      we are not bound to provide any goods (and no contract is binding on us) until we confirm goods have been dispatched;

2.4.4      we will be responsible for any faults with any goods and/or any refunds for unwanted goods; and

2.4.5      our Refund and Returns policy will apply to the provision of any goods.

 

3              Purchasing Goods on the Site

3.1          You may purchase goods which are for sale on the Site by clicking on the “Add to Basket” button on the relevant item’s page, provided that the item is still showing as having a quantity of stock remaining. You must then follow the necessary “Checkout” procedure in order to purchase the item and conclude your agreement with us. Multiple items can be added to your “Basket” and purchased in one single checkout procedure.  At this stage there is not a binding contract between us for the purchase of the Goods.

3.2          We will contact you by email to let you know when the Goods will be dispatched and an expected delivery date.  We will contact you again to confirm dispatch.  The dispatch email will be our acceptance of your order and at this point there will be a binding contract between you and us.  The dispatch email will only cover those Goods mentioned in it and not other goods which may have been ordered.

 

4              Pricing

4.1          We try our best to display accurate and up to date prices on the Site. However, because of the number of Goods we sell occasionally there may be errors which mean we cannot state the definite price until we send you the email confirming your order.

4.2          If the price of the Goods is different at the time we are ready to send the email confirming your order then two things can happen:

4.2.1      if the price is lower then we will charge you the lower price and proceed to dispatch the goods; or

4.2.2      if the price is higher then we will either cancel your order or contact you to ask you either whether you wish to pay the higher price or to cancel your order. If the order is cancelled by us or you do cancel the order then if you have already made any payment(s), we will make a refund.

4.3          All prices shown are inclusive of VAT.

4.4          You must make full payment to us for the Goods, via Sites secure online checkout process.  Payment may be made via Barclays payment gateway or PayPal (http://www.paypal.co.uk) at the time you order them.

4.5          You are required to pay for the goods in Great British Pounds Sterling.

 

5              Availability of Goods and Dispatch:

5.1          We shall specify an estimated dispatch date for goods being purchased. This is an estimate of the delivery date and we will use reasonable endeavours to deliver based on the estimated delivery date.

5.2          If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. If the delay will be substantial (that is take more than 30 days from when you place your order) or if the Goods will not be available at all for dispatch, we will offer you the option either to cancel your order and refund any payment(s) you have made or allow you to choose alternative Goods.

5.3          All postage, customs and excise duty, VAT and any other taxes associated with the sale (if applicable) will be paid by you.

5.4          We only make deliveries in the United Kingdom.

5.5          We may deliver the Goods in one or more instalments and some of the Goods may be delivered directly from the manufacturer of the Goods.

5.6          You agree to the provision of any data you supply to purchase goods to be provided to our third party logistics providers, who will hold this under their own Data Protection authorisations and policies.

5.7          Our deliveries will be carried out by our third party logistics supplier.  They will deliver during normal working hours (Mon-Fri 9am to 5pm) to the address provided.  You are responsible for ensuring the address is correct.  If you are not available to collect a delivery they will arrange to leave the package with a neighbour where they believe it is safe to do so or may provide you with details for collecting the package.  Delivery will be complete and you will be responsible for goods when they are delivered to the address you provided, when they are delivered in accordance with your instructions (for example to your place of safe storage), when they are held for your collection or in any other manner agreed between you and the logistics supplier.  We are not responsible for any delay in delivering any Goods and shall only be responsible for the loss of Goods in transit to the amount of a refund for those Goods.

 

6              Returns/Refunds

6.1          If you decide that you do not want the goods you order you have the right to return them (in the condition you received them) within 14 days.  If you wish to do this you should contact us and we will assist you with this.  This must be in accordance with the Refund and Returns policy.

6.2          You will be responsible for the cost of returning any Goods to us where you choose to return them other than due to any fault or error of ours.  It is your responsibility to return the goods and no refund will be made unless we receive the Goods in accordance with our Refund and Returns policy.

6.3          If the goods do not arrive with you or arrive damaged or in a condition that is not described in or not in accordance with the listing of the goods, we will either ship a replacement item to the you immediately and provide tracking for the replacement shipment, OR process a full refund within 30 working days. It is our responsibility should the item be damaged in transit or lost.  If a replacement is not available we will process a full refund

6.4          Your statutory rights in relation to the purchase of goods will apply.

6.5          You must resolve any dispute with our Customer Support team, and not through attempting to revoke an Electronic Money purchase transaction or chargeback.

6.6          You must inspect any items purchased immediately upon receipt to ensure that it accords with any description given in the item’s listing and to ensure that the product is safe.

 

7              Disclaimer/Limits of Liability

7.1          The Site and any services we provide are on an “as is” basis. We make no other representations or warranties of any kind, express or implied, including without limitation:

7.1.1      that the Site, any services or goods will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error;

7.1.2      the information, content, materials or products included on the Site will be as represented or available for sale at the time of sale;

7.1.3      any implied warranty arising from course of dealing or usage of trade; and

7.1.4      any obligation, liability, right, claim or remedy in tort, whether or not arising from our negligence.

To the fullest extent permissible under applicable law, we disclaim any and all such warranties.  For the avoidance of doubt any warranties implied by statute or regulation are included in the supply of any goods but otherwise no warranties are included.

7.2          Any sale will be subject to any warranties implied under applicable law.

7.3          Limitation of Liability.

7.3.1      We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

7.3.2      If we breach this the Terms or these terms we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and us at the time of you placing your order, and such order being dispatched. To the extent of any statutory warranty we shall only be liable to the extent required by law.  We shall only be liable for the greater of: (a) 100% of the cost of any goods we have been paid as part of any applicable transaction about which you are making a claim; or (b) £100.

7.3.3      We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

7.3.4      We are also not responsible for failure to meet any of our obligations under the Terms or any agreement where such failure is due to events beyond our reasonable control.

 

8              Complaints

8.1          Your satisfaction is important to us.  If you have a complaint you should:

  • Contact us on sales@fredafunk.com with full details of your complaint;
  • We will review your complaint fully and if we need any further details from you will request these;
  • We will reply to you within 14 days to provide a full reply or confirm when we will be able to provide a full reply;
  • The Directors of Fredafunk review our complaints and all feedback is considered as part of our aim to continually improve our services.

 

9              Feedback

9.1          You may leave feedback (“Feedback”) for us relating to the goods you have purchased. You acknowledge and accept that your Feedback and rating (“Rating”) may be publicly available for viewing on the Site. We are not responsible for checking or editing the Feedback or Ratings on the Site. You consent to the publication of, and authorise us to publish, your Feedback and Ratings.  You agree you shall not leave Feedback or Ratings which are inaccurate and/or defamatory.  You are responsible for the content of any Feedback or Rating you provide.

9.2          When submitting Feedback and Ratings, you must comply with the Feedback guidelines. You agree to indemnify and hold us and our affiliates (and their respective employees, directors and representatives) harmless against any claim or action brought by a third party, arising out of or in connection with any Feedback or Ratings left by you on the Site.

9.3          We are not bound to publish any feedback provided where we consider this inappropriate or outside of the Feedback guidelines.

 

10           Data Protection

10.1        We shall comply with the provisions of the data protection legislation.  We will collect and use your data in accordance with our Privacy Policy which sets out your rights in relation to our holding your data.

10.2        Where you have consented to our holding your data for marketing purposes you may notify us at any time that you no longer want us to market goods and/or services to you.  We will remove you from our marketing data bases but may still hold your data where you have entered any transactions with us.

 

11           General

11.1        We retain the right, if we consider it appropriate, to:

11.1.1    immediately halt any sale;

11.1.2    prevent or restrict access to the Site or our services; or

11.1.3    take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings, on the Site. We reserve the right and have absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable.

11.2        Invalidity:  If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

11.3        Contracts (Rights of Third Parties) Act 1999:  For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

11.4        You must not whether by yourself or in conjunction with other participants, manipulate transactions in ways that are unfair to us or other users of the Site.

11.5        All of the terms and conditions set out for this Site are subject to change without notice and You should check the details before any transaction.  I there is any change the terms and conditions will apply from the date We made the change for future transactions.

11.6        This Policy is governed by English law and subject to the exclusive jurisdiction of the courts of England.

 

12           Password Usage

12.1        You will use your email address as a login and choose a password to use the Site.  You agree to access the Site only using Your own login and password. You agree to keep these confidential to prevent unauthorised access to the Site and Your own account. You will inform Us immediately if You know or suspect that Your login or password is no longer secure. Failure to comply may result in access being revoked, suspended or a new password being issued.

12.2        You are responsible for the Use of Your login and password.  If Your misuse or negligent use of Your login and/or password causes Us (or any other person) any loss You agree to reimburse those losses.

12.3        We have the right to disable any password, whether chosen by You or allocated by Us, at any time, if in Our opinion You have failed to comply with any of the provisions of these terms.

 

Terms of Use for the Site

Changes to the terms

All of the terms and conditions set out for this Site are subject to change.  The change may be in any section of the terms and conditions and will apply from the date We made the change for future transactions.

Acceptance

By browsing this Site you are accepting that You are bound by the current terms and conditions and You should check these each time You revisit the Site. If You do not wish to accept the terms and conditions or any changes to the terms and conditions You should not continue to use the Site.

This Site is provided for consumer use in the UK.  By accessing the Site You agree that You are entitled to do so.  You agree that You will comply with all of the Terms of Use and shall only access the Site where You remain authorised to do so.

Content

Whilst We believe the content of the Site to be accurate We provide no warranties for this and do not accept responsibility for the accuracy or otherwise of any information.  Please note in particular that 3rd party information may be inaccurate, incomplete or out of date. We are not liable in any way for any 3rd party content.

The information provided on this Site is not warranted by Fredafunk Limited and is not designed to provide any form of advice.  It is provided for information purposes only and nothing on the pages of this Site shall constitute the provision of financial, investment or other professional advice in any way.

Access

Uninterrupted and error free access is not guaranteed. Nor is the Site guaranteed as virus or bug free and availability may be suspended from time to time for maintenance. It is your responsibility to ensure that you have the appropriate hardware, software or protection (including virus protection) to enable you to use this Site and download information from it safely and securely.

Intellectual Property Rights

All intellectual property rights in the Site, such as images, graphics, text, logos, databases, trademarks and names and the technology in the Site are reserved to Fredafunk Limited or to the relevant owner.  No rights are conferred on you or any other person by virtue of these terms and conditions.

You may not modify, publish, reproduce, store, utilize or commercially exploit any part of the Site.  In particular You are not authorised to use any logo or trademark of any partner of Fredafunk Limited whose services or goods are available via the Site.

Ownership of Materials

Unless otherwise stated Fredafunk Limited is the owner or licensee of the copyright and any other rights in this Site, its pages, the screens displaying the pages and all information and material contained herein.

You may not reproduce, republish, transmit or distribute this Site in whole or in part without the prior consent of Fredfunk Limited.

We make no promise that materials on the Site are appropriate or available for use outside the United Kingdom and accessing this Site from territories where its contents are illegal or unlawful is prohibited. If You choose to use this Site from locations outside the United Kingdom, You do so on Your own.