Terms & Conditions
These terms and conditions ("Terms") apply to the sale and supply of goods (the "Goods") by A & L PRODUCTS Ltd Trading as Funmum ("the Seller") to you. The Seller recommends that you print out a copy of the Terms for your records.
The Seller can be contacted at:
3 Kilmarnock Rd
PLEASE READ THE TERMS AND CONDITIONS ON THIS WEB PAGE CAREFULLY.
If you place an order with Funmum then it is understood by the seller that you agree with the Terms set out below. You reaffirm your acceptance of the terms everytime you enter the website.
In these Terms the following words and expressions have the following meanings
"Invoice" means the invoice to be provided by the Seller to you and which will set out a description of the Goods to be delivered to you, the quantity and the costs including delivery costs paid by you for the Goods;
"Registration Form" means the application form you must complete to become a registered user of the Service;
"you" and "your" means you, the person entering into this contract with the Seller; and "Web Site" means the internet (global data network) site belonging to the Seller, which can be found at www.funmum.com.
Any changes to these Terms must be agreed in writing by the Seller. These Terms may be amended from time to time and the Seller will inform you when they change. They may also be extended to include other conditions applicable to specific goods or services offered by the Seller from time to time.
The Seller reserves the right in its absolute discretion at any time and without notice to remove, amend or vary the content, which appears on any page of the Web Site.
In order to purchase Goods you will be required to complete the registration form found at the checkout stage on-line.
The details provided by you are important and you confirm and undertake that all such information is true, correct and complete in all respects. You agree to notify us immediately of any changes that are relevant to your registration by informing us, by post, telephone or e-mail at firstname.lastname@example.org
The Seller will sell and you will purchase the Goods on these Terms.
If an item is no longer availalbe then the seller reserves the right to make changes in the specification of the Goods where appropriate.
You will be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the contract in accordance with the Terms.
Your Personal Information
The Seller will respect your personal information and undertakes to comply with all applicable UK data protection legislation currently in force, both in respect of the personal information supplied by you and in respect of any such personal information, which we may process.
You agree that:
The Seller may use your personal information for administration and marketing;
The Seller may contact you by mail, telephone or e-mail from time to time about goods and services which may be of interest to you; and
As the Seller may search the files of credit reference agencies who may record the search, the Seller or the credit reference agencies may share information about the way in which you conduct your account with other lenders for credit granting purposes, for fraud prevention and occasionally for tracing account holders.
You have the right to apply for a copy of your information (which may be subject to payment of a small fee) and to have any inaccuracies corrected.
Price of the Goods
The price of the Goods will be the Sellers quoted price or, where no price has been quoted (or a price is no longer valid), the price listed in the Sellers price list current at the date of acceptance of the order.
The Seller reserves the right, by giving notice to you at any time before delivery to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, material or other costs of manufacture) any change in delivery dates, quantities or specification of the Goods which is requested by you, or any delay caused by any instructions of you or failure of you to give the Seller adequate information or instructions.
You are required to provide detit/credit card details when placing an order as the Seller is entitled to payment for the Goods before commencing delivery of the Goods. If you fail to make payment for the Goods the Seller will be entitled to cancel the contract or suspend delivery of the Goods to you until payment is made in full.
Delivery of the Goods will be made by the Seller delivering the Goods to the place of delivery notified by you to the Seller.
Any dates quoted for delivery of the Goods are approximate only and the Seller will not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the contract. The Goods may be delivered by the Seller in advance of the quoted delivery date.
If the Seller fails to deliver the Goods for any reason other than any cause beyond the Sellers reasonable control or your fault, and the Seller is accordingly liable to you, the Sellers liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
If you fail to take delivery of the Goods or fail to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of the Sellers fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:
store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract.
*Please Note - Customers who purchase from Funmum are accepting that carriage charges are non-refundable as they are a direct cost to the customer.
*Please Note - Customers who are accepting imported goods from Funmum may be liable for any local import duties that apply.
*Please note that only one promotion can be used in a single order, the one of greater value would be the one applied. Promotional codes and offers are valid in conjunction with sale prices. Gift vouchers are excluded from offers.
Risk and Property
Risk of damage to or loss of the Goods will pass to you at the time when the Seller has tendered delivery of the Goods.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of the Terms, the property in the Goods will not pass to you until the Seller has received cleared funds payment in full of the price of the Goods.
Warranties and Liability
Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery. Where the Seller sells Goods supplied by a Third Party, the Seller does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but will, where possible assign to you the benefit of any warranty, guarantee or indemnity given by the third party supplying the Goods to the Seller.
The above warranty is given by the Seller subject to the fact that the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Sellers instructions or a third partys instructions (where the Goods have been supplied by a third party to the Seller) (whether oral or in writing) misuse or alteration or repair of the Goods without the Sellers approval;
Subject as expressly provided in these Terms and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act, 1977) all warranties, conditions or other Terms implied by statute or common law are excluded to the fullest extent permitted by law.
Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions or Statements) Order 1976) your statutory rights are not affected by these Terms.
Any claim by you which is based on any defect in the quality or condition of the Goods or the failure of the Goods to correspond with the specification shall (whether or not delivery is refused by you) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and you do not notify the Seller accordingly, you will not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure and you will not be entitled to a refund of the price as if the Goods had not been delivered in accordance with the contract.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these terms, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Sellers sole discretion, refund to you the price of the Goods (or a proportionate part of the Goods), but the Seller shall have no further liability to you.
Except in respect of death or personal injury caused by the Sellers negligence, the Seller shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use by you, and the entire liability under or in connection with the contract shall not exceed the price of the Goods paid by you for the Goods supplied, except as expressly provided in these terms.
The Seller shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Sellers obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Sellers reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Sellers reasonable control:
Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery. For the avoidance of doubt, the company, as designated above, assumes no personal liability whatsoever in respect of any matter relating to the Goods, their delivery or any other matter.
You have a period of 7 days (the "Cancellation Period") within which to withdraw from the contract between you and the Seller by notice in writing to the Seller. The Cancellation Period begins the day after the day the Goods are delivered to you.
You will be responsible for the cost of returning the Goods for refund within 10 days beginning with the day written notice of cancellation is given by you to the Seller, except in cases of faulty, damaged or wrongly supplied goods. The Seller recommends that you use registered post or recorded delivery when returning the Goods.
The Seller will refund the price of the Goods to you within 30 days beginning the day written notice of cancellation is given by you to the Seller. If you have not returned the Goods as provided for in clause 13.2, the Seller will be entitled to deduct from the refund of the price of the Goods due to you any reasonable costs incurred by it to collect the Goods from you.
Insolvency of you
The Terms may be terminated by the Seller, if at any time you cease trading, or become apparently insolvent or have a trustee in sequestration appointed, combine with your creditors, or have a liquidator, receiver or administrator appointed over all or any of your assets other than for the purposes of amalgamation or reconstruction or undergo any analogous act or proceeding under foreign law.
These terms constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except with the prior written approval of the Seller. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
The Seller reserves the right to terminate the contract as set out in these Terms, by notice to you sent via e-mail, or by letter addressed to you as set out in your registration details. Termination will occur at the time the Seller transmits the message or posts the letter. Any communication sent electronically by e-mail or otherwise:
will be deemed to have been sent once it enters a system for generating, sending, receiving, storing or otherwise processing electronic communications ("Information System");
will be deemed to have been received by you at the time that in a readable form it enters an Information System which is capable of access by you;
will be deemed have been despatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides; and
will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
No failure or delay by either party in exercising its rights under the contract between the parties will be deemed to be a waiver of that right, and no waiver by either party of any breach of the contract between the parties by the other will be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected.
If a dispute arises out of or in connection with these Terms, the parties will, with the help of the Centre for Dispute Resolution (CEDR) seek in good faith to resolve it by alternative dispute resolution. If the parties fail to agree terms of settlement within twenty-eight days of commencement of the procedure then either party shall have the option of commencing litigation and the parties hereby submit to the jurisdiction of the Scottish Courts. The commencement of the procedure is defined as the commencement of the first dispute resolution meeting.
Every contract between you and the Seller incorporating these Terms and any agreed variations to the Terms shall be governed and construed in accordance with the law of Scotland.