Shop Terms and Conditions
Terms and Conditions
These are the Terms and Conditions of Funbooth LTD (registered address Unit C4 Endeavour Business Park, 7 Penner Road, Havant, Hampshire, PO9 1QN, Company Number OC433276)
Terms referred to as ‘We’, ‘Us’, ‘the Company’ etc mean Funbooth LTD and ‘You’, means the customer.
To register on the site and to place orders with Funbooth LTD you must be aged 18 or over and a UK resident. By ordering goods from Funbooth LTD you are deemed to have understood and accepted these terms. You may contact us at Unit C4 Endeavour Business Park, Cairo Place, 7 Penner Road, Havant, PO9 1QN or by email book@funbooth.uk.com or call us on 0800 023 6408. Lines open Monday-Friday 08:00am – 16:00pm Telephone calls to and from Funbooth LTD will be recorded and monitored as part of our efforts to further improve service to our customers. We may contact you for market research purposes.
This page provides information about who we are and the legal terms and conditions that may apply to your use of our website and any product you order from us.
These terms and conditions (“Website Terms”) apply to your use of the Funbooth LTD website. You must read these Terms carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, you must not use this Website.
These Website Terms supplement (and are in addition to) the terms of our Privacy Policy. Our Privacy Policy explains what personal information we collect about you when you use the Website, and you can view our Privacy Policy online by clicking here. Please note that when you agree to these Website Terms you shall be deemed also to have read, understood and agreed to our Privacy Policy in its entirety.
Changes to these Website Terms
We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.
Use of this website from outside the UK
Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Funbooth LTD products and services available in the UK. However we may accept orders for delivery to locations outside of the UK subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Website from locations outside the UK or place orders for delivery to locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
Prices
The prices shown are inclusive of any value added tax or sales tax unless otherwise stated. Due to circumstances beyond our control, prices may have to be altered up or down, including any alterations to the rate of value added tax or sales tax. The current price will be shown when you place your order. All prices shown are cash prices in sterling. Prices of goods displayed in and ordered through Next Online may differ from prices in-store.
Availability
All orders for products are subject to availability.
Occasionally, the supply of your product(s) or service(s) may be delayed or prevented for reasons beyond our control – for example, material shortages, import delays or higher than anticipated demand. Where this is the case, we will, of course, make every effort to keep you informed but shall be under no liability to you for such delay or failure.
Language
This information is supplied in English only and we will continue to communicate in this way during your agreement with us.
Company Information
Company Registered Number: 11241640
VAT Registration Number: 359 3242 84
Registered Address: Unit C4 Endeavour Business Park, 7 Penner Road, Havant, Hampshire, PO9 1QN
Law
Our agreement with you is based upon English law and the laws applicable to this agreement are the laws of England and Wales.
Third party rights
Only you and Funbooth LTD shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Liability
To the fullest extent permitted at law, neither Funbooth LTD nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. It is the duty of the customer to ensure you have the right and express permission of the copyright holder to reproduce the logo. If you place an order with us and a copyright issue is raised, the customer will cover any copyright claims and costs that we may incur as a result of producing your order for personalised garments.
The Funbooth LTD gives no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. The Funbooth LTD shall not be liable for any loss arising from delay in transit not caused by Funbooth LTD. Further, Funbooth LTD shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data including any stored on or accessible through any digital work. The total aggregate liability of Funbooth LTD in respect of any and all causes of action arising out of or in connection with the customer’s order and the Funbooth’s performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall be limited to the sums paid to the Funbooth LTD by the customer in respect of the order pursuant to which liability has arisen.
Your Order and Contract
Your order for goods is accepted and a contract is formed between Funbooth LTD and you when we despatch the goods you have ordered and not before. A contract is not formed at the point in time that payment has been taken from you by Funbooth LTD, nor at the point in time that you receive an email from Funbooth LTD acknowledging receipt of your order. Until the goods are despatched the order may not be accepted by Funbooth LTD, or may be cancelled by you. Exceptions apply to orders for personalised items and goods made to your order which cannot be cancelled by you once you have received an email confirmation that your order has been received, as such items and goods may already be in production as a result of your order. For a full list of exceptions to items you can return please see under the heading EXCEPTIONS TO THE RETURNS POLICY. For security reasons we may restrict the volumes of certain items to be sold in any one transaction. Following formation of the contract, Funbooth LTD shall continue to own any goods ordered until it has received payment in full, from you, even though the goods may have already been delivered to you.
Products shown and described on our website may not always be in stock. In the event of this situation occurring an estimated delivery time will be provided, or an alternative product offered. It should be noted that delivery dates quoted are estimates and do not constitute a contractual obligation by Funbooth LTD to provide garments by a certain date.
Every effort has been made to display the products offered as accurately as possible, however, the colours you see will depend upon the settings on your monitor. All sizes given are provided by the manufacturers and are approximate for guidance only.
Ways to Pay
See below for all the methods we accept for the payment of purchases from Funbooth LTD.
Online
– All major credit and debit cards
In-store
– All major credit and debit cards
– Cash
– Phone
– All major credit and debit cards
– BACS
– Apple Pay
The taking of payment from you by Funbooth LTD under any of the means set out above does not indicate that a contract has been formed between you and Funbooth LTD. By placing a telephone order or by completing and submitting the electronic order form including your payment details you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Payment will be refunded to you if your offer is later refused or rejected by Funbooth LTD.
During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy.
All card payments are subject to authorisation by your card issuer and we take payment when we accept your order. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense. We reserve the right to charge you for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order.
If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including e-mail) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
Sale Events
All sale items are subject to availability.
Next day delivery is not available for Sale orders.
Delivery of in stock items can take up to 21 days. You will be advised of the estimated delivery date at the time of order.
The following items are not included in the sale unless otherwise stated: personalised items
Cancelling your Order
Under Consumer Regulations you have the right to cancel your order as long as you do so no later than 14 days after the day on which you receive the goods or service. Please be aware that your right to cancel does not apply to certain goods that we sell, for example, items made or customised to your order. You must inform us of your wish to cancel in writing either by letter, email or by calling 0800 023 6408 within a period of 14 days beginning on the day after the day you receive your goods. You must take reasonable care of the goods and not use them. You should return goods to us in their original packaging, wherever possible, within 14 days of informing us of your wish to cancel. If you return goods to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage. See RETURNS section for details of how to return goods to us.
We cannot accept substitute or alternative items by way of returns, nor are we able to send them back to you, so please look closely at the items you return to us. If you return or attempt to return substitute or alternative items, you will still be responsible for paying for the original item purchased and we reserve the right to charge an investigation fee of no less than £35 to cover the cost of our investigating the position. We can offset this amount due from other sums that may be due to you for refunds. Accepting returned goods and/or crediting an account does not constitute a waiver of our right to charge an investigation fee. For full details of your rights under the Consumer Protection Regulations, please contact your Citizens Advice Bureau or a Solicitor. For full details of how to return goods can be found in the RETURNS section. Additional terms and conditions apply to cancelling orders for certain goods such as made to order items, large items of furniture and domestic appliances. Please refer to the terms relating to the supply of those goods. Additional delivery charges such as DPD Precise delivery charges will not be refunded if you cancel or return your order.
Corrections, Product and Service Descriptions
Descriptions of goods and services included on our website are accurate to the best of our knowledge. We do our best to correct errors or omissions as soon as we are aware of them. However, you should be aware that the colours and appearance of images may vary very slightly from the way they appear on the screen. Also print sizes can vary slightly between production batches.
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
· orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this website;
· all prices are displayed in pounds Sterling(£) inclusive of UK VAT where unless expressly indicated otherwise
· packaging may vary from that shown on the website;
Product sizes are supplied from the manufacturer and Funbooth LTD does not accept any liabilities on fit or description. For full SIZE CHART please call or email our team.
· the weights, dimensions and capacities shown on the Website are approximate only;
· whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery
· all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
Pictures/Designs/Artwork/Videos on this website
We may use from time to time pictures, artworks, designs or videos from other sources to show our services but by no mean do we own or claim to own these images/videos. We do not imply we represent or work directly with these businesses nor do we claim to have ownership of the content. These images are used to show a service on offer. We also use outside agencies to create content for our website and social platforms, these are done with due diligence to protect both parties.
Confidentiality
Any material you upload to our website or emailed to us will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site or any Funbooth LTD related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right to remove any Submissions you make on our website if, in our opinion, such Submission does not comply with the content standards set out below.
Delivery
Availability & Deliverability
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. We will contact you if your order will not be fulfilled within this time. In the unlikely event we are unable to supply the product ordered, we will advise you as soon as is possible. Damaged in transit goods unfortunately occur from time to time, all goods are securely packed and leave our warehouse in perfect condition. In the event that your goods show obvious signs of transit damage please refuse delivery and notify us immediately. If the damage is only visible after opening the carton you must inform us within 48 hours. In either case Funbooth LTD will arrange replacements as soon as possible.
International Delivery
Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside the UK. Funbooth LTD reserves the right to define what can and cannot be delivered to which destination.
Purchases will be made in pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay.
Funbooth LTD products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery.
Delivery Charges
Our standard courier delivery charge to mainland UK is £4.60 per order for one-person delivery items. This delivery charge will not be refunded if you cancel or return your order unless the product is faulty or does not fit the description given. Over our busy periods our standard delivery services may be affected, specific delivery details will be confirmed at the time of order.
UK Delivery Cost – Available to mainland England, Wales & Scotland
Evri Small Parcel £2.70
Evri Standard Parcel £4.60
Evri Heavy or Large Parcel £6.70
Courier Delivery
All courier delivery services are subject to stock, courier area and availability and demand. When the standard courier service is not available, Funbooth LTD will deliver by an alternative carrier and this may take longer. Orders placed on a weekend will be processed on Monday.
Specific delivery details will be confirmed at the time you order. Delivery times cannot be guaranteed. No delivery services are available on a bank holiday.
Missing Deliveries
Delivery addresses are as input by the customer on our website. If you are not available to receive your delivery, Evri will post a collection card through your door. Your parcel must be collected within 7 working days. If the parcel is returned to our offices, an additional shipping charge will be levied. In the event of any item going missing, we will use the signed for confirmation/track and trace service offered by Evri. If your parcel fails to be located, we will re-dispatch the items and reship at no cost to the customer if available. If an item is missing from your delivery, please first check to ensure the order has not been partly shipped. Any shortages must be notified to us by email within 2 working days. It is your responsibility to inform us immediately of any damage in transit to delivered goods. You must record details on your delivery documentation and inform us within 2 working days. Do not dispose of any packaging as this will be required for your claim against the Evri.
Collection from Shop
Delivery of items by the Funbooth LTD shall be deemed to take place upon collection of the work by the customer, where the customer is obliged to collect the work. Where the customer is obliged to collect the work, your failure to collect the work on the day on which the Funbooth LTD is contractually obliged to have it ready for collection shall be classed as a customer delay.
Returns
Instructions on how to return your order to us will be provided. Once we receive the returned product, we will replace or refund as required.
Please note:
Goods must be returned in good condition, carefully repacked in the original packaging. We strongly recommend that you request and retain proof posting for any items returned. We cannot consider a claim for returned goods lost in transit without one.
Returning to Store
You may return most items in a new and unused condition and wherever possible in the original packaging. If you want to cancel/return your order you must tell us within 14 days (beginning on the day after the day you receive the goods), and you then have 14 days to return the items. This service is free of charge to return to our store. If you are returning an item via a store, please take your delivery note with you. Certain items cannot be returned to stores, as detailed in the EXCEPTIONS TO THE RETURNS POLICY section.
Return via Courier/Post
You may return most items in a new and unused condition and wherever possible in the original packaging. If you want to cancel/return your order you must tell us within 14 days (beginning on the day after the day you receive the goods), and you then have 14 days to return the items. For all the details see EXCEPTIONS TO THE RETURNS POLICY section. The cost of returning items is your responsibility and Funbooth LTD will not refund any charges incurred, unless the item is deemed faulty after investigation.
Exceptions to the Returns Policy
The following exceptions apply to our returns policy. No refunds or exchanges can be given on items made to your specification, unless there is a manufacturing defect or the goods are not as ordered. Where a product has a security sticker warning that the product cannot be returned once the sticker is removed, a refund or exchange will not be given if the seal is broken except in accordance with your legal rights. Returned items which are not in new or unused condition may not be fully credited to your account unless they are faulty. This does not affect your right to return faulty items.
Refunds
Refunds are normally processed within 7-10 working days of receipt of goods at our warehouse. Refund of ‘returned Products’ lost in transit will not be considered unless proof of posting is supplied.
If goods are received damaged, please notify our customer services as soon as possible after receipt on 0800 023 6408. Damaged product and packaging must be retained in case inspection is requested by our carriers.
Contact us
General Complaints
If you do have a complaint please write to Funbooth LTD, Unit C4 Endeavour Business Park, Cairo Place, 7 Penner Road, Havant, PO9 1QN or call 0800 023 6408 or email book@funbooth.uk.com. Funbooth LTD welcomes and learns from complaints. We aim to deal with complaints speedily and sympathetically. All complaints are logged, investigated and replied to.
Personalised and Made to Order Items
Due to the bespoke nature of these items you can only return items which are faulty, do not fit their description, or meet with your instructions. If our order is faulty in any way, please contact us on 0800 023 6408.
For full details of your rights under the Consumer Regulations, please contact your Citizens’ Advice Bureau or a solicitor.
Copyright
The images used on the Funbooth LTD website are the property of Funbooth LTD or their respective copyright owners. You must not reproduce, modify or distribute our images or any part of those images in any manner, whatsoever.
By submitting any content to Funbooth LTD, you represent and warrant that:
You are the sole author and have not copied the content from any third party;
All content that you post is accurate;
Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
That is known by you to be false, inaccurate or misleading;
That infringes any third party’s copyright, trademark, or privacy;
That is, or may reasonably be considered to be, defamatory, racially or religiously biased or offensive, contains obscene language, or is threatening or harassing to any individual, partnership or corporation;
That includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
That contains any computer viruses, worms or other potentially damaging computer programs or files. For any content that you submit, you grant Funbooth LTD a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at our sole discretion. We reserve the right to change, condense or delete any content on our websites that we deem, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. We do not guarantee that you will have any recourse through Funbooth LTD to edit or delete any content you have submitted.
Ownership of Submissions
Other than personal data which is subject to our Privacy Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Funbooth LTD on or through the website or otherwise disclosed, submitted or offered by you (collectively, “Submissions”) shall become and remain the property of Funbooth LTD once submitted. You must comply with the content standards set out in these terms. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines.
Social networking sites
These terms also govern any Submissions you make on any Funbooth LTD related third party website or page such as our Facebook page, Twitter, YouTube or social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Funbooth LTD or its employees and Funbooth LTD is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these terms and the third party social networking sites’ Terms of Use, as applicable.
Insolvency
If the customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against it, the Funbooth LTD without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to the Portsmouth Print Shop, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in the Portsmouth Print Shop‘s possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as the Funbooth LTD thinks fit and to apply the proceeds towards such debts.
Force majeure
The Funbooth LTD shall be under no liability (and shall not be obliged to refund all or part of any fees paid by the customer) if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond their control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to the Funbooth LTD elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.