General terms and conditions

General

These general terms and conditions apply to the entire offer of Funkytex.com. These terms and conditions are accessible at all times and to everyone and are included on Funkytex.com’s Internet site. A written copy can be delivered to you upon simple request.

Placing an order constitutes your agreement to the terms of delivery and payment. Funkytex.com reserves the right to change its delivery and/or payment terms after the expiration of the term.

Delivery

Each delivery is made while supplies last. The delivery period starts only after receipt of the invoice amount. The stated delivery times are not binding, but are purely indicative: no delay in delivery can give rise to breach of the sale or payment of damages in favor of the buyer. Funkytex.com has the right to make partial deliveries. In case of non-delivery of the goods, any sums paid by the buyer will be refunded without interest or other compensation.

Funkytex.com’s obligation to deliver will, subject to proof to the contrary, have been fulfilled once the goods delivered by Funkytex.com have been offered once to the customer. In the case of home delivery, the carrier’s report shall serve as full proof of the offer to deliver.

Erroneously transmitted delivery addresses are the responsibility of the buyer and may result in additional charges.

Shipping of the order is entirely at the buyer’s risk. Funkytex.com offers the option of choosing insured mail delivery.

Prices

Prices are those as listed on the website at the time of the order.

For individuals, all prices on the site are in EURO and include 21% VAT.

For business owners, all prices on the site are in EURO and exclude 21% VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Trial period / right of withdrawal

You have the right to cancel your order up to 14 (calendar) days after receipt without giving any reason.

Note! This applies only to products that are not cut to size. Custom-made items are excluded from the right of withdrawal and therefore cannot be returned.

You will then be credited the full order amount including shipping costs within 14 days provided you return the items in good condition. Only return shipping costs are at your own expense. If you exercise your right of withdrawal, the product shall be returned to funkytex.com with all delivered accessories and – if reasonably possible – in its original condition, within 14 days of notification of the return.

Would you like to return (part of) your order? Then download the document you can use for returns here.

We encourage you to first report complaints to us by emailing info@funkytex.com. If this does not lead to a solution, it is possible to submit your dispute for mediation through Stichting WebwinkelKeur. As of Feb. 15, 2016, it is also possible for consumers in the EU to file complaints through the European Commission’s ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not already being processed elsewhere, you are free to file your complaint through the European Union platform.

Return exceptions

It is not possible to return custom cut fabrics with us. Should you have received a totally different color or fabric type, we will of course resolve this. You can then contact us using the contact form. Please include your order number.

We have taken great care in photographing our fabrics. For this, we used a professional photo studio. However, the color of the fabric may vary from one screen to another. If you are unsure about the color/quality of the fabric, we offer you the opportunity to order a fabric sample.

Data Management

If you place an order with Funkytex.com, your data will be included in Funkytex.com’s customer database. For this, please refer to our privacy policy.

Warranty

Funkytex.com guarantees that the products it supplies meet the requirements of usability, reliability and longevity as reasonably intended by the parties to the purchase agreement.

Funkytex.com is not responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.

If Funkytex.com finds the customer’s complaints to be justified, Funkytex.com will, at its option, either replace the delivered goods free of charge or make a written arrangement with the customer about compensation, on the understanding that Funkytex.com’s liability is limited to the invoice amount for the goods in question. All liability of Funkytex.com for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damages for lost profits, damage to other objects caused by improper use of the products.

Offers

Offers are without obligation unless otherwise stated in the offer.

Additions, modifications and/or further agreements are only effective if agreed upon in writing.

For gift certificates, the terms and deadlines apply as stated on the certificate.

Different offers, promotions and gift certificates cannot be used together. Only 1 promotion can be used per order.

Agreement

An agreement between Funkytex.com and a customer is established after an order has been assessed for feasibility by Funkytex.com.

Funkytex.com reserves the right, without giving reasons, not to accept orders or commissions or to accept them only under certain conditions.

Images

All images, photographs, drawings, data on weights, dimensions, colors, images of labels, etc. on the Funkytex.com website are approximate only, are indicative and may not constitute grounds for compensation or dissolution of the agreement.

Colors may vary from reality to some extent.

Force majeure

Funkytex.com is not liable if its commitments cannot be fulfilled due to force majeure.

Force majeure shall mean any external cause or circumstance preventing Funkytex.com from fulfilling its obligations: delays or failures on the part of suppliers, Internet failures, electricity failures, e-mail traffic failures and malfunctions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and/or manufacturers or auxiliaries, sickness of personnel, defects in auxiliary or transport equipment, delivery are expressly regarded as force majeure.

Funkytex.com reserves the right to suspend its obligations in the event of force majeure and will also be entitled to dissolve the agreement in whole or in part, or to require that the content of the agreement be changed in such a way that performance remains possible. In no event shall Funkytex.com be liable to pay any penalty or damages.

If Funkytex.com has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, it will be entitled to invoice the goods already delivered separately and the Customer will be required to pay this invoice as if it were a separate contract.

Retention of title

Ownership of all goods sold and delivered by Funkytex.com to the Customer will remain with Funkytex.com for as long as the Customer has not paid Funkytex.com’s claims under the Agreement or previous or subsequent similar agreements, or for as long as the Customer has not yet paid Funkytex.com’s claims for failure to fulfill such obligations, including claims in respect of penalties, interest and costs, etc.

The buyer is not authorized to pledge or otherwise encumber the items subject to retention of title.

The Customer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage and against theft and to make the policy of such insurance available for inspection by Funkytex.com on demand.

Payment

Delivery will take place only after receipt of the invoice amount. If payment has not been received within the 14 days, the contract terms will be renegotiated.

Applicable law/competent court

Dutch law applies to all agreements.

Contact details

Funkytex.com
Gasthuisstraat 24
5061 PC Oisterwijk
Netherlands
VAT – NL813244298B01
KvK – 18041333