TERMS AND CONDITIONS
1.1 This Website is owned and operated by Funky Chunky Furniture. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods listed on this website to you.
1.2 By ordering any of the Goods listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions.
2.1 The content of the Website is protected by copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights. You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
2.2You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
2.3 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal use, provided you keep intact all copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
2.4 Goods sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights. You may not reproduce, or cause to be reproduced, any of Funky Chunky Furniture’s products or designs.
2.5 When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
3. TERMS OF SALE
3.1 Payment can be made by most major credit or debit cards or through an electronic payment account. By placing an order, you consent to payment being debited and cleared from your account before the dispatch of the Goods.
3.2 We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the actual goods. In addition, colours can vary once applied to the natural timber. You agree to accept this and not hold us liable for any differences in colour.
3.3 Whilst we try to be as accurate as possible, all product dimensions and weights are approximate due potential fluctuations in sizes and weights of the natural timber used.
3.4 You understand that our products are created using solid, natural, pine or oak timber which shows a number of varied rustic characteristics including but not limited to knots, cracks, waney edges, curves, splits, bows, twists, feathered edges/surfaces, sanding marks, and sticker shadows –these features will not be considered damaged or defective. Our timber can continue to move for up to 3-6 months after purchase, which can result in natural changes dependant on its environment, including but not limited to curvature, splits or cracks opening wider, for which we cannot be held responsible.
3.5 Items must be opened as soon as they are delivered, you are reminded of this in your dispatch notification email, and before any fitters or builders are booked. This not only allows you to check the item over, it also allows the wood to breathe. We cannot be responsible for any changes that occur to the timber, particularly the oak, when left within the packaging for an extended time - this includes moisture build up, and the formation of mould, or any costs incurred by third parties.
3.6 You must yourself, or at the advice of a professional, determine whether the product that you are purchasing is suitable for your home. Our website offers information on product weight, product size, shelf holding weight, fixings details and so on in order for you to determine this. It is your responsibility to read through this before purchasing.
3.7 We are only able to guarantee shelves that have been installed as per the provided instructions. Shelves that are installed into alternative wall types, are sealed to the wall, or installed using any alternative methods are done so at your discretion and cannot be guaranteed by us.
4. TERMS OF OUR RELATIONSHIP WITH YOU
4.2 All comments, photographs, designs, ideas and any other form of communications you send to us shall remain the exclusive property of Funky Chunky Furniture. We will be entitled to use any material you submit to us for any purpose, without restriction and without compensating you in any way including the use of photographs for the purpose of promoting the business on and off-line.
4.3 You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all communications comply with any legal requirements that such communications be in writing.
4.4 Telephone communications may be recorded for quality and training purposes.
4.5 You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
4.6 You undertake that any review, feedback or rating that you write shall be factually accurate and not hold any bias, comply with law, not contain deceiving information, and not infringe any trademarks or copyright. You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you in any way we see fit.
5.1 Funky Chunky Furniture commits to you that should any structural or manufacturing fault occur within the guarantee frame outlined below, then we will either repair or replace the furniture free of charge.
6. BESPOKE ITEMS
6.1 Bespoke items are custom made to your own requirements and therefore non refundable. The product will be guaranteed to be free of manufacturing defects, subject to reasonable wear and tear in a normal domestic environment.
6.2 It is the customer’s responsibility to ensure that all furniture details on the order form or invoice are correct prior to manufacture of the product – this includes any requested modifications.
7. OVERSEAS SALES
7.1 Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom). We can, in our sole discretion, accept orders from individuals located outside the United Kingdom and ship overseas subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order in case these costs are not acceptable.
7.2 Overseas orders may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery. We have no control over these charges and cannot predict their amount.
8. CANCELLATIONS AND AMENDMENTS
8.1 You may cancel or amend your order for the Goods at any time prior to receiving a Dispatch Notice from us so long as you contact us in writing. You can send us a cancellation or amendment notice by sending an email to firstname.lastname@example.org or a letter to Unit 10, Rolling Mill Road, Jarrow, Tyne and Wear, NE32 3DP.
8.2 You may cancel or amend your order for the Goods at any time after receiving a Dispatch Notice from us so long as you contact us in writing. You can send us a cancellation or amendment notice by sending an email to email@example.com or a letter to Unit 10, Rolling Mill Road, Jarrow, Tyne and Wear, NE32 3DP. If your item has already been dispatched the returns process must be followed, you must pay for the cost of the return in the event of a cancellation or amendment unless we contact you to arrange an alternative such as a collection which can be offered at our sole discretion.
9. RETURNS AND EXCHANGES
9.1 You are entitled to return your item within 30 days starting from the day you received the Goods. You can send your notice of return by email to firstname.lastname@example.org or a letter to Unit 10, Rolling Mill Road, Jarrow, Tyne and Wear, NE32 3DP.
9.2 Upon receiving your return notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us at your own cost and risk. We reserve the right, at our option, to collect the Goods from you. If we wish to collect the Goods we will notify you of when they will be collected by us. We will charge you for the cost of collecting the Goods and will deduct this from your refund amount.
9.3 The Goods must be returned to us in the same condition in which you received them until such time as the Goods are either collected by us or delivered back to us by you. You must return the Goods with its original packaging and the original invoice. You have a legal obligation to take reasonable care of the Goods whilst they are in your possession.
10.1 All complaints must be sent in writing by email to email@example.com, or a letter to Unit 10, Rolling Mill Road, Jarrow, Tyne and Wear, NE32 3DP. Complaints must include your order number and details of the complaint.
10.2 In the event that you make a complaint about an item, we reserve the right to request and review clear photographs of the issue to determine if this is the result of the natural characteristics of the wood, or if it is a result of damage to the item.
10.3 In the event that we determine damage has occurred to the item, we are entitled to offer a solution which we see fits best including but not limited to sending a wax care pack, returning an item, or exchanging an item. We cannot be held responsible for additional costs incurred by installation, assembly or disassembly of any of our shelves or furniture items.
10.4 We reserve the right to refuse a resolution to an issue that has occurred during fitting, assembling or installing the product if we are able to determine that the product was manufactured correctly.
10.5 If, for any reason we are unable to come to an agreement on a complaint, you may choose to raise this with the Online Dispute Resolution.
11.1 We use a third party courier for delivery of our items. As the standard vans used can only reach certain areas, you are responsible for telling us about a remote, or hard to access area before purchase so that we can advise as to whether any additional delivery costs will be incurred, which you are liable to pay for.
11.2 The Goods will be delivered to you at the address you provided during the order process which may be an address other than the billing address. All Goods must be signed for by an adult aged 18 years or over on delivery. The Goods may be sent to you in instalments.
11.3 We employ professional carriers. Nevertheless, you must examine the Goods on arrival. If you are asked for your signature on delivery, you must examine the Goods before signing for it.
11.4 Any dates quoted for delivering the Goods are approximate only. If no date is specified then it will take place within 30 days or after a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances. We shall not be liable for any delay in delivering the Goods, however caused.
11.5 Lead times are as stated in product descriptions. We reserve the right to extend lead times where necessary, providing there has been written confirmation sent to you to notify you of a delay.
11.6 If a delivery is missed, you are responsible for re-arranging the delivery to suit you. After a number of delivery attempts the parcel may return back to us. You will be responsible for any extra delivery costs to re-send the parcel to your chosen address.
11.7 For delivery of large furniture items we require a contact number to be left at the time of purchase, these goods cannot be dispatched without a contact number. Failure to provide a contact number may result in delivery delays.
11.8 For Christmas deliveries, we recommend that you check our Website or social media pages for the last date of delivery. We will endeavour to dispatch all Goods that are in stock within 24 hours. However, we cannot guarantee delivery by 24th December.
12. RIGHTS RESERVED
12.1 We reserve the right to terminate an agreement formed with you and to suspend or terminate your access to the Website immediately and without notice to you if you fail to make any payment to us when due, you breach these Conditions (repeatedly or otherwise), you use language towards our staff that can be deemed offensive or abusive in any way, you use a false identity to engage with the website or engage in any other fraudulent or illegal activity on the Website.
12.2 We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
12.3 We reserve the right to publish, edit or remove any reviews published by you without notifying you.
12.4 We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.
12.5 We reserve the right to provide to you, the information requested via a third party source. We are not liable for any issue that a third party website, or source may have.
13. LIABILITY AND INDEMNITY
13.1 Except for death or personal injury caused by our negligent acts or omissions, Funky Chunky Furniture shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of this agreement.
13.2 The Website is intended to be available for access 24 hours a day, 365 days a year, however we are not liable for any potential disruptions in service.
13.3 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
13.4 We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
13.5 We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure’). Our performance will be deemed to be suspended for the period that the event of Force Majeure continues. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
13.6 You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
14. REGISTERED OFFICE
Funky Chunky Furniture, Unit 10, Rolling Mill Road, Jarrow, Tyne and Wear,NE32 3DP
Phone: 0191 424 2494
VAT Number: 177308588.