Certified Eco-friendlyProudly Powered by CANADIANS!!All our products are proudly 100% Canadian made!!
We do custom orders-click here for info
Proudly Powered by CANADIANS!!Certified Eco-friendly
 

Conditions of Use

Terms of Use:
 1. Format of the Contract
 2. Description and price of the goods
 3. Payment
 4. Delivery/Shipping
 5. Risk/Title
 6. Your right of cancellation
 7. Limitation of Liability
 8. Data Protection

Disclaimer

 

Terms of Use


1. Format of the Contract

1.1 These terms of sale apply to all goods supplied by FunkyMunkys.ca (the "Supplier", or "we", or "our").
1.2 Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
1.3 We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. This acknowledgement is not notification that we have accepted your order.
1.4 If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example, but without limitation, because the goods are found to be unavailable) we will notify you by email or telephone.
1.5 In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below.
1.6 The contract is subject to your right of cancellation (see condition 7 below).
1.7 We have the right to terminate the contract if the price of the goods is not received from you in cleared funds (in accordance with condition 3.1).

Go To Top Of Page

2. Description and price of the goods

2.1 The description and price of the goods you order will be as shown on the Supplier´s website at the time you place your order.
2.2 If after acceptance of your order we discover within 14 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or re-credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
2.3 If within 7 days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of canceling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods in accordance with condition 4 below. We will refund or re-credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it).
2.4 Every effort is made to ensure that prices shown on the Supplier´s website are accurate at the time you place your order. If within 14 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offering you the option of:
2.4.1 placing a new order at the correct price for those goods;
2.4.2 canceling the whole of your order; or
2.4.3 canceling your order for the mis-priced goods and reconfirming your order for the correctly priced goods.
If, within 14 days of receipt of our notice to you, you have not responded by selecting one of the available options at conditions 2.4.1 to 2.4.3 above then:
(a) if all of the goods you have ordered are found to be mis-priced, the entire order will be cancelled automatically and the Supplier will refund or re-credit you for any sum you have paid for those goods; or
(b) if only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced goods.
2.5 To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been mis-priced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise.
2.6 In addition to the price, you may be required to pay a delivery/shipping charge for the goods, details of which are clearly displayed on our website at the point that you place your order.

Go To Top Of Page

3. Payment

3.1 Payment for the goods and delivery/shipping charges can be made by any method shown on the Supplier´s website at the time you place your order. Payment shall be due before the delivery/shipping date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery/shipping until cleared funds are received (with the exception of business accounts where we have agreed credit facilities with you).
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.

Go To Top Of Page

4. Delivery/Shipping

4.1 The goods you order will be delivered/shipped to the address you give when you place your order, except that some deliveries/shipments are not made outside North America.
4.2 Orders placed before 12:00 pm AST (Atlantic Standard Time) on a working day will be processed that day and will be delivered/shipped as per the requested delivery/shipment option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank, other public holidays or vacation which will be displayed openly on our website.)
4.3 If delivery/shipment cannot be made to your address for reasons under the Supplier´s control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery/shipment of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery/shipment and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and either (a), where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or (b), where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
4.5 If you fail to take delivery/shipment because you have cancelled your contract the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods with exception of any delivery/shipment fees. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver/ship the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery/shipment. In this case, the Supplier will inform you of any delay as soon as possible and will give you the option of canceling your order at this point.
4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
4.8 Packages damaged in transit must be returned to the Supplier unopened.

Go To Top Of Page

5 Risk/Title

5.1 The goods are at your risk from the time of delivery/shipment.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of the goods, and all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.

Go To Top Of Page

6. Your right of cancellation

6.1 You have the right to cancel the contract at any time up to 7 days after you receive the goods (see below). Please note that this policy has some limitations.
6.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or the 'Contact Us' section of our website, giving details of the goods ordered and (where appropriate) their delivery/shipment. Notification by phone is not sufficient.
6.3 All goods that are returned for refund (except goods that are damaged in transit) must be in their original packaging. The goods must be unused, unopened and be re-sellable.
6.4 Except in the case of faulty or mis-described goods, if you exercise your right of cancellation after the goods have been delivered/shipped to you, you will be responsible for returning the goods to the Supplier at your own cost. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or mis-described goods the Supplier shall either collect the goods from you or ask you to return the goods to the Supplier in accordance with the Supplier's Returns procedure.
6.5 Once you have notified the Supplier that you are canceling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
6.6 Except in the case of faulty or mis-described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.

Go To Top Of Page

7. Limitation of Liability

7.1 Subject to 7.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
7.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
7.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
7.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
7.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier´s negligence or fraudulent misrepresentation.
7.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
7.3.1 loss of business; loss of data; loss of profits; loss of goodwill; loss of anticipated savings or loss of revenue even when advised of the possibility; or
7.3.2 any indirect or consequential losses, liabilities or costs.
7.4 If you are a business customer then the aggregate liability of the Supplier (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the goods in question.

Go To Top Of Page

8. Data Protection

The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorized access to information supplied by you.

Go To Top Of Page



 

 

Disclaimer


Any and all information contained on the Funky Munkys Family Clothing website (herein known as the Site), including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals or any information contained on or in any product packaging or labels. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THE SITE FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED ON THE SITE. You should always consult your own physician and medical advisors. Information and statements on the Site are not intended to diagnose, treat, cure or prevent any medical conditions. Information about each product is presented from the manufacturer’s advertising material and Funky Munkys Family Clothing is not responsible for any statements or claims that various manufacturers make about their products. We cannot be held responsible for typographical errors or product formulation changes. By using the services of the Site, you accept these terms.

Go To Top Of Page

Back
Your IP Address is: 54.162.109.90
Template designed by Funky Papa. Copyright © 2017 Funky Munkys. Powered by Zen Cart