Welcome to Your Funky Gifts Terms and Conditions.
Interpretation
Unless the context otherwise requires, the following words or phrases used within these terms and conditions shall have the following meanings:-
"YourFunkyGifts.com", "us" or" we" means YourFunkyGifts.com a retail outlet business of HLEGroup Ltd of 24 Stokesay Way, Sutton Heights, Madeley, Telford TF74QF. YourFunkyGifts.com and HLEGroup Ltd are here together considered one and the same.
"Customer" or "you" or "your" means the person, firm or company placing the order and completing the payment card transaction, or by any other means of payment, with us.
"Products" means jewellery or other products which YourFunkyGifts.com is to supply in accordance with these Terms and Conditions.
"Website" means the YourFunkyGifts.com website at www.yourfunkygifts.com.
Company Registration Number: 13713182, Registered in England and Wales
VAT Number: GB930434057
ICO Number:
Due to the ongoing aftereffects of Corona virus all deliveries are subject to ongoing delay and we are reliant on outside postal services which can result in delays up to 28 days from order. Items will be dispatched within 5 working days of your order for standard items and we will keep you informed of the tracking number and expected arrival date. You can pay extra for Special Next Day delivery at a £4 additional charge.
1. Delivery
The estimated dispatch times for all none personalised products is within 5 working days however certain items are special order or personalised and will therefore take longer. It is best to allow 20 working days for dispatch, however we expect 90% of items will leave our premises within five days. If your order is urgent or required sooner, please write the date it is required in the comments box in the checkout or contact us before ordering and we will do our utmost to assist you.
All orders dispatched to UK addresses are usually sent by tracked mail and you will be provided with a tracking number on dispatch. All overseas post is sent via International Tracked and Signed or another similar courier, this includes Ireland, Europe and the rest of the World. This will require a signature upon receipt; do not worry if no one is in when they try to deliver as the courier will leave a note regarding alternative collection / delivery arrangements. An additional allowance of 5 working days should be allowed for postal delivery to all other EU countries. On the day of dispatch, you will receive a dispatch notification e-mail with your invoice and tracking number for your parcel.
For our unique special orders, prices for these items and delivery details will be quoted for at the time of acknowledgement of the enquiry unless otherwise specified.
Gifting items: We can dispatch goods to addresses other than an address registered to the payment card so long as the payment passes Verify by VISA or MasterCard Secure Code. You will be prompted for this by your card issuer after entering your payment details in the secure window during the checkout. On delivery the parcel will require a signature, we will not be held responsible for the parcel if it is signed for by anyone other than the card holder. For orders placed via PayPal we can only dispatch to the card holders registered address in PayPal.
We accept no liability for any delay/damage in delivery or non-delivery due to circumstances beyond our control.
If the parcel / product is lost or found to be damaged upon receipt then we advise you to contact Royal Mail and lost@yourfunkygifts.com as soon as possible. See below for our Returns Policy.
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2. Postage costs:
Postage is free once you spend £50 (including VAT), below this there is a charge of £3.95 for packages. If you are in Europe, there is a standard charge of £20.00 to ensure signed for delivery to your door. Worldwide it is £30.00 for the same signed for delivery.
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3. Packaging
All our items are packaged in organza bags of a suitable size as standard; we also have upgrade options on most items, including our statement designer boxes in a range of colours.
Colours are chosen at random from our supplies but if you require a particular shade/colour of packaging then please specify this in the notes section of your order.
Should you require discreet packaging because this is a special gift for a loved one, please add a note and we will ensure that the packaging reflects this.
All items have a receipt inside so if you are gifting this item to a different address than the billing address please let us know and we will email the invoice to you and add a gift card instead. This gift card can be personalised, and you can add details in the note section when checking out.
All returned items must be sent in original presentation packaging and wrapped in protective packaging to prevent damage during return transit along with copies of all documentation and paperwork. This is the customers' responsibility. See below for our Returns Policy.
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4. Insurance
All items are sent with insurance, this covers the item whilst in transit delivery only up to the point of customer's signed receipt.
It is the customer's responsibility for appropriate insurance cover thereafter.
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5. Special Orders
Some items at Your Funky Gifts class as Special Orders, these can be bespoke items, personalised items or other items that are marked as Special Order only. These items have a longer dispatch time of 10-15 working days form order. These items are subject to a restricted returns policy, please see our Returns Policy below for more details.
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6. Special Offers
Any special offers by Your Funky Gifts from time to time are made strictly on the following conditions:
No cash alternatives
Subject to availability
Excludes items made to special order
Not available in conjunction with any other offer
Offer limited to one offer per customer – you must be registered to participate in Special Offers
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7. Your Right to Cancel
Right to Cancel
You have the right to cancel this contract at anytime before the items are posted to you and you will receive a full refund immediately. You do not need to give any reason for the cancellation, and you can simply go into the order itself and click the cancel button. This will start the refund process which can take 3-5 business days to appear back on the means of payment method you used to buy the items.
You have the right to cancel this contract within 14 days from which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the goods without giving any reason. In this respect we will ask that you return the items within 14 days, and we will reimburse you the cost of your items once they arrive with us and have been checked.
It is advised that you package the items with care and insure them as they are classed as your property until they reach us. If you provide a tracking number, then we will start the refund process once that is received and will confirm the refund once goods have been checked and found satisfactory.
*Certain items are excluded from this returns policy, such as pierced earrings, if they have been removed from their sealed packaging. These items are marked on their product description as such.
We are always trying to evolve and grow so it is helpful if you could let us know your reason for cancelling but it is not obligatory.
Address
To exercise the right to cancel, you must inform us of your decision to cancel this contract with a clear statement of intent (e.g., a letter sent by post or e-mail). You may use our contact form on the website should you wish or contact: refund@yourfunkygifts.com
Your Funky Gifts
HLE Group Ltd
24 Stokesay Way
Sutton Heights
Madeley
Telford
TF74QF
UK
refund@yourfunkygifts.com
Deadline
You will be treated as having cancelled the contract in the cancellation period if the communication is sent before the end of the 14-day period after you or a third party other than the carrier and indicated by you acquires physical possession of the goods.
Effects of Cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We reserve the right to make a deduction from the reimbursement for loss in value of any goods you may return to us if that loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay and not later than -
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you and we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Retention of Reimbursement
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
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8. Returns and Exchanges
Exchange of Product
In the event that any product ordered does not fit the recipient, please contact us within 30 days immediately after the date of the relevant signed delivery receipt to arrange for an exchange in a different size and/or alternative item. All sizes are stated on the descriptions of the items, and you are expected to check that the item will fit before purchasing. If an item does not fit but is the size stated on the description, then we can accept a return, but any refund will be in the form of a credit note. Postage will not be refunded in these cases, and you will be expected to return the item at your cost.
Return of Goods
If you are dissatisfied with your purchase then please contact us within 30 days immediately after the date of the relevant signed delivery receipt to inform us of your intention to return the item(s). We recommend that you inform us by a written medium such as e-mail, click here to view our contact details. We will issue your refund as soon as possible within 14 days.
You shall send back the goods at your cost to our address found here, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
When returning your item(s) we recommend that you use the same packaging that the item(s) arrived in to ensure that it does not get damaged during transit to us; this is the customer's responsibility. We also recommend that you take images/video of the items and utilise an insured postage option.
For hygienic and health and safety reasons all jewellery designed for body piercing, such as earrings will not be accepted for return if they have been taken out of their original packaging.
Any item which has been specifically personalised, such as engraved dates, names or any other form of text or symbols or bespoke design, will not be eligible for the same return policy as other non-personalised items. This equally applies to outsize rings and those made to special order.
If the parcel / product is lost or found to be damaged upon receipt by you, i.e. whilst in transit, then both the courier and YourFunkyGifts.com must be informed without delay and any damaged item(s) returned to us for replacement within seven days immediately after the date of the relevant signed delivery receipt.
It is the customer's responsibility for appropriate insurance cover to be obtained when returning goods to YourFunkyGifts.com and the use of Royal Mail's 'Special Delivery Service' is strongly recommended for returns on mainland UK and the use of an equally reliable courier service when being returned from elsewhere. Please remember the goods belong to you until we receive them.
Consumer's Liability for Diminished Value of the Goods
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
For example, you have unpackaged the item and worn it for a few days but do not like it, then this would cause the item to have diminished value for resale.
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9. Warranty
Although unlikely, should an item show a defect in material or workmanship we will gladly exchange or refund on return of the faulty product(s) within six months from delivery. YourFunkyGifts.com will use its own discretion in replacing these damaged goods and we will not credit or replace items that have been ill treated or suffered damage through normal wear and tear or where an attempt to repair has been made by any third party.
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10. Liability
YourFunkyGifts.com gives no warranty or representation as to the accuracy, suitability or reliability of the information or content of the website for any purpose. Any such information or content is provided on an “as is” basis without warranty of any kind and, except where the website is being used by a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties and conditions (including all warranties and conditions implied by law as to title, satisfactory quality, fitness for purpose and non-infringement) are expressly excluded in this respect.
We do not accept liability for any typographical, clerical or other errors and/or omissions and reserve the right to add, delete, and modify any of the information found on the web site at any time without notice.
We will not accept liability for any direct, indirect, special or consequential loss arising out of the use of or the inability to use the web site including without limitation, reliance on any information or service obtained from the website or which results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance whether or not limited to Act of God, communications failure, theft or destruction, save that liability for death or personal injury arising from the negligence of YourFunkyGifts.com is not limited or excluded.
Subject to the following provisions YourFunkyGifts.com warrants that any products supplied will correspond with any applicable specification at the time of delivery and will be free from defects in material and workmanship for a period of twelve months from delivery. This warranty is given subject to the following conditions:
(a) YourFunkyGifts.com shall be under no liability in respect of any defect in the products arising from any specification or instructions by you or errors or inadequacies in the same;
(b) YourFunkyGifts.com shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage or alteration or repair of products without our approval;
(c) the above warranty does not extend to products not manufactured by YourFunkyGifts.com in respect of which you will only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to YourFunkyGifts.com.
Subject as expressly provided in these Terms and Conditions, and except where products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law in respect of any products supplied by YourFunkyGifts.com.
Where we have replaced defective products or products or refunded to you the price of such products (or a proportionate part of the price), YourFunkyGifts.com shall have no further liability to you.
Except in respect of death or personal injury caused by our negligence, or liability for defective products under the Consumer Protection Act 1987, YourFunkyGifts.com shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law or under these Terms and Conditions for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of YourFunkyGifts.com, its employees or agents or otherwise) which arise out of or in connection with the supply of products (including any delay in supplying or any failure to supply products in accordance with these Terms and Conditions or at all) or their use or re-sale by you and the entire liability of YourFunkyGifts.com under or in connection with the supply of products shall not exceed the price of the products.
YourFunkyGifts.com shall not be liable to you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products, if the delay or failure was due to any cause beyond our reasonable control.
