Terms of servise
תנאי השירות
Welcome to the Funky concept online store website at the address: www.funkytown.com (the “Site”), operated and managed by Funky concept International Limited, a company incorporated in Hong Kong (hereinafter “Funky concept” or “we” or “us”). The following terms of use (the “Terms” or “Terms of Use”) shall govern your use of the Site including the services that the Site is offering to you.
By visiting our Site and/ or using its services, you agree to be bound by Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site.
Please read these Terms carefully before accessing or using our Site. If you do not agree to all the Terms, then you may not access the Site or use any of its services.
Any new features or tools which are added to the Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms and change or update the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our Site which is an online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
GENERAL
The language of this Agreement is expressly agreed to be the English language. By accessing or using our Site you hereby irrevocably waive, to the maximum extent legally permitted, by any law applicable to you requiring that the Agreement be localized to meet your language, as well as any other localization requirements.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence (which in most states is 18 years old), and have the legal capacity to enter into a contract and be bound by the Terms. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and use the Site, register or place an order on your behalf.
You may not use the Site and any of the products you have purchased through the Site for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature, and you must not reverse engineer any part of the Site.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Site and your ability to use it.
REGISTRATION AND PRIVACY
In order to access certain services on the Site, You will be required to provide us with certain information about yourself including some types of personally identifiable information, such as your full legal name, phone number, address, and email address, birth date. This will be made through a registration process for an account in the Site and/or in each purchase process of a product in the Site. If you shall create an account, you may be also asked to select or submit a user name and password. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Funky concept will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.
When placing an order through the Site, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Funky concept or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site. Any personal information that you provide to us via the Site is subject to our Privacy Policy.
PURCHASES AND REFUNDS
Products offered on the Site are available to purchase by submitting applicable order through the Site. An “order” is only considered placed when you submits it through our online purchase process. To submit an order, you will be required to follow the online shopping process on the Site. After this you will receive an order confirmation which will act as an acknowledgement of your order.
The products offered on the Site may have limited quantities and are subject to our refund policy specified below.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities (minimum/maximum) of any products or services that we offer through the Site. All descriptions of products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any service and/or product at any time.
Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Funky concept may use a third party payment processor to process credit card transactions made through the Site. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services made available through the Site, including sales, use, and excise taxes (excluding only taxes on Funky concept’s net income). To the extent that Funky concept is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales are subject to our shipping and return policies, which shall be made available to you on the Site or other delivered to you with your purchased goods. All refunds are in Funky concept’s sole discretion.
Refund Policy. Your satisfaction is a top priority for us, in some cases, products that you order from the Site and receive in damaged condition or is not matching you order, as the Company shall inquire and approve, according to Company’s full discretion, you will be able only to choose if to receive new matching product or a refund, as unfortunately, due to the nature of some of our products, Funky concept is unable to offer returns or exchanges for any other reason (e.g. hazardous materials, flammable liquids, or gases, perishable goods, custom products, gift cards). We have a 30-day refund policy, which means you have 30 days after receiving your product to request a refund according to the aforesaid conditions of Funky concept.
PLEASE INSPECT YOUR ORDER UPON RECEPTION AND CONTACT US IMMEDIATELY IF THE ITEM IS DEFECTIVE, DAMAGED OR IF YOU RECEIVE THE WRONG ITEM, SO THAT WE CAN EVALUATE THE ISSUE AND MAKE IT RIGHT ACCORDING TO THIS TERMS.
If some products are eligible for return and/or exchange, you must provide a proof of purchase (e.g. purchase invoice), as well as the unused damaged product in the original packaging. You may choose whether you would like a refund or a replacement product. To arrange your refund or replacement product, please contact us, contact details can be found at the end of those Terms.
You can always contact us for any refund question at https://www.funkytown.co.il/contact
PRICES AND ORDER CONFIRMATION
The prices are those indicated on the Site at the time of the order, which you will have the chance to review prior to making the order.
The price of the products shown does not include the delivery costs of the order (the “Delivery Costs”). Each order of a product shall also be charged with a Delivery Costs. Depending on the value of your order the delivery costs may not be charged, all subject to Funky concept full discretion. The delivery costs charges will be clearly shown during the checkout process and included in the ‘Total Cost’ of the order.
Prices are in United States Dollars or other as shall be decided by Funky concept according to its full discretion.
Prices of the products offered on the Site are include VAT (where applicable).
All or product pricing are subject to change at any time without notice, at the sole discretion of us.
At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us.
If you discover that you have made a mistake with your order after you have submitted it to the Site, please contact us immediately by our contact details below. We will try to do our best to process your request.
DELIVERY
Funky concept uses third party delivery services for the delivery of the products to you. We are not providing you with any guarantee on the delivery times, the delivery is subject to the aforesaid third party delivery company’s terms and policies. Shipping to some areas may not be available, please check the availability before purchasing a product through the Site.
We deliver in our standard packaging.
All risk in the product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under the Terms, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the product. Any breach of obligations by you, might impact your ability to shop on the Site in the future.
GENERAL RESTRICTIONS
You agree to use the Site and its services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and its services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.
You will not (and will not attempt to):
- a) Access the Site and any of its features by any means other than through the interface that is provided by Funky concept;
- b) Gain unauthorized access to Funky concept’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, its services, Funky concept’s networks and computer systems;
- c) Access any of the Site or its services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
- d) Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- e) Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or its services for any purpose; and
- f) Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Funky concept in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
CONTENT AND COMMENTS
As between you and Funky concept, Funky concept owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, and other intellectual property rights associated therewith, in or made available through the Site (the “Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between you and Funky concept, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Funky concept or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.
If, at our request, you send certain specific submissions (for example comment about a product) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, including videos of any kind (collectively, the “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Funky concept on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or © constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Funky concept, you grant Funky concept a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in our sole discretion.
DISCLAIMERS AND WARRANTIES
Funky concept is not liable in case of stock outage or unavailability of products. We have made every effort to display as accurately as possible the colors of our products that appear at the Site, but we cannot guarantee that your computer monitor’s display of any color will be accurate.
ALL PICTURES OF ITEMS OFFERED AT THE SITE ARE FOR ILLUSTRATION PURPOSE ONLY, AND MAY NOT BE AN EXACT REPRESENTATION OF THE PRODUCT. FUNKY CONCEPT RESERVES THE RIGHT TO CHANGE PRODUCT IMAGES AND SPECIFICATIONS AT ANY TIME WITHOUT NOTICE.
ANY RELIANCE ON THE MATERIAL ON THIS SITE IS AT YOUR OWN RISK. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Funky concept expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Site, its services, Site Content, goods, advice, information or links provided on the Site will meet your requirements; (ii) that the Site will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the services will be corrected; (iv) regarding the Site Content, goods, services, advice, information or links provided by any third parties or users; (v) that the Site, Site Content, goods, services, advice, or information displayed on the Site will meet your requirements; and (vi) that the Site will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms.
Funky concept reserves the right the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Please be advised that although we make our best effort, we cannot guarantee that any information sent to or from our Site will be fully secure during transmission, nor can we guarantee the full confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. Funky concept assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the services or the Site.
Hazardous Materials. Some of the products offered on the Site may contain hazardous materials, which may harm the human body and/or objects, including furniture, clothing, Jewelry etc. You must read carefully each product WARNNIGS and to use the product you purchased in accordance to its applicable User Manual and any other instructions delivered with it. If you are not sure regarding any of the Warnings and/or how to use the product, Don’t Use The Product, and first contact us by our email which is specified below, we will do our best to help, but it is hereby clarified, without derogating of the above, that Funky concept shall not be liable for any use you shall make with the product, according to all of this ‘Disclaimer and Warranties’ section.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Site, Site Content and/or Site’s services except to the extent that they are expressly set out in these Terms.
LIMITATION OF LIABILITY
IN NO CASE SHALL FUNKY CONCEPT, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE AND ANY OF ITS SERVICES, OR ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.
Exceptions to Limitations and Exclusions of Liability. Please note that some jurisdictions, do not permit some of the limitations or exclusions of liability set forth above. Accordingly, some of the foregoing exclusions may not apply to you. We encourage you to consult a local attorney for legal counsel on these issues. If any of the limitations or exclusions of liability set forth in these Terms is deemed invalid or unenforceable for any reason, then the limitation or exclusion shall apply to the greatest extent permitted by applicable law. If you are dissatisfied with the Site or any of these Terms, your sole and exclusive remedy is to discontinue using the Site.
INDEMNITY
You agree to defend, indemnify and hold harmless Funky concept, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and its services; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (vi) the use by any other persons accessing this Site using your Internet account or account login. This defense and indemnification obligation will survive these Terms and your use of the Site and its services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this section without the prior written consent of Funky concept.
LINKS TO OTHER SITES
The Site may contain links or references to other websites outside of our control. Links to other websites may use our Site logo or style as a result of a co-branding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this Site would not. Please be aware that Funky concept has no control over these websites and that these Terms of Use do not apply to any third party sites. Funky concept cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. Funky concept encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.
FORCE MAJEURE
Under no circumstances shall Funky concept be held liable for any delay or failure or disruption of the content or the services accessed or delivered through the Site or the creation or fulfilment of contracts resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.
MISCELLANEOUS
These Terms, including the Privacy Policy, constitute the whole legal agreement between you and Funky concept and govern your use of the Site, its services and any transactions you may have with Funky concept through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Funky concept in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms, these Terms of Use shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms.
Variation. Notwithstanding the foregoing, you understand that Funky concept may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms of Use will be considered your consent to those changes. When these changes are made, Funky concept will make a new copy of the Terms of Use available on the Site. You agree that Funky concept is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms regularly for changes.
You agree that if Funky concept does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Funky concept has the benefit of under any applicable law), this will not be taken to be a formal waiver of Funky concept’s rights and that those rights or remedies will still be available to Funky concept. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.
Funky concept makes no representation that the Site, Site Content, Comments, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.
Funky concept may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Site and its services to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Funky concept. Any attempted or actual assignment thereof without Funky concept’s prior explicit and written consent will be null and void.
GOVERNING LAW
This Agreement, its interpretation, validity and breach shall be exclusively governed by the laws of the Hong Kong special administrative region, without regard to its conflict of laws rules, and any claim or dispute with respect thereto shall be submitted to the exclusive jurisdiction of the competent courts of Hong Kong, and each of the parties hereby submits irrevocably to the jurisdiction of such court to the exclusion of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement and is hereby disclaimed. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
CONTACT INFORMATION
Any questions about the Terms of Service should be sent to us at info@funky concepthk.com
We hope you’ll find our Site useful and satisfactory.
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