General Terms and Conditions
These General Terms and Conditions apply to the entire offer of Funkytex.com. These Terms and Conditions are accessible to everyone at all times and are included on Funkytex.com's website. A written copy will be sent to you upon request.
Placing an order implies your agreement to the delivery and payment terms. Funkytex.com reserves the right to change its delivery and/or payment terms and conditions after the expiry of the term.
Each delivery takes place as long as stocks last. The delivery period shall only start after receipt of the invoice amount. The delivery periods stated are not binding, but are purely indicative: any delay in delivery may not give rise to cancellation of the sale or payment of damages to the buyer. Funkytex.com will be entitled to make partial deliveries. In the event of non-delivery of the goods, any amounts paid by the buyer will be refunded without interest or other compensation.
Funkytex.com's obligation to deliver will have been fulfilled, subject to proof to the contrary, as soon as the goods delivered by Funkytex.com have been offered to the customer once. In the case of home delivery, the carrier's report will serve as full evidence of the offer for delivery.
Incorrectly communicated delivery addresses are the responsibility of the buyer and may give rise to additional costs.
Shipment of the order is entirely at the buyer's risk. Funkytex.com offers the option of insured postal delivery.
The prices are those as stated on the website at the time of the order.
For private customers, all prices on the site are in EURO and include 21% VAT.
For entrepreneurs, all prices on the site are in EURO and exclusive of 21% VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints, the Entrepreneur is not obliged to deliver the product at 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.
Please note! This only applies to products that have not been cut to size. Custom-made articles are excluded from the right of withdrawal and cannot be returned.
You will then be credited with the full order amount including shipping costs within 14 days provided that you return the items in good condition. Only the costs of the return shipment are for your own account. If you make use of your right of withdrawal, the product will be returned with all delivered accessories and - if reasonably possible - in the original condition to funkytex.com be returned within 14 days after notification of the return.
Do you want to return (part of) your order? Then download here The document you can use for returns.
We encourage you to first report complaints to us by emailing [email protected]. If this does not lead to a solution, it is possible to register your dispute for mediation through Stichting WebwinkelKeur. As of 15 February 2016, it is also possible for consumers in the EU to report complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr . If your complaint is not already being dealt with elsewhere, you are free to lodge your complaint via the European Union platform.
It is not possible to return cut-to-size fabrics. If you have received a totally different colour or type of fabric, we will of course be happy to resolve this. You can contact us via the contact form. Please state your order number.
We have taken great care in photographing our fabrics. For this we used a professional photo studio. However, the colour of the fabric may vary from one screen to another. If you have any doubts about the colour/quality of the fabric, we offer you the possibility to order a fabric sample.
Funkytex.com warrants that the products it supplies comply with the requirements of usability, reliability and service life as reasonably intended by the parties in 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 that the customer's complaints are well-founded, Funkytex.com will, at its own discretion, either replace the goods delivered free of charge or make a written arrangement with the customer concerning the payment of compensation, on the understanding that Funkytex.com's liability is limited to the amount invoiced for the goods in question. Any liability on the part of Funkytex.com for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits, damage caused to other objects by improper use of the products.
Offers are without obligation, unless stated otherwise in the offer.
Supplements, amendments and/or further agreements shall only be effective if agreed in writing.
For gift vouchers, the terms and conditions as stated on the voucher apply.
Different offers, promotions and gift vouchers cannot be used together. Only 1 promotion can be used per order.
An agreement between Funkytex.com and a customer will be concluded after Funkytex.com has assessed the feasibility of an order.
Funkytex.com reserves the right not to accept orders or assignments without stating any reasons, or to accept them only under certain conditions.
All images, photographs, drawings, data concerning weights, dimensions, colours, images of labels, etc. on the Funkytex.com website are approximations only, are indicative and may not constitute grounds for compensation or dissolution of the agreement.
Colours may differ slightly from reality.
Funkytex.com will not be liable if its obligations cannot be fulfilled due to force majeure.
Force majeure means any strange cause or circumstance preventing Funkytex.com from fulfilling its obligations: delays at or failure to perform by suppliers, internet disruptions, electricity disruptions, e-mail traffic disruptions and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers or auxiliary persons, staff sickness, defects in auxiliary means or means of transport, delivery, etc. are expressly regarded as force majeure.
In the event of force majeure Funkytex.com reserves the right to suspend its obligations and is also entitled to terminate the agreement in whole or in part or to demand that the content of the agreement be amended in such a way that performance remains possible. Funkytex.com will in no event be liable to pay any fine or compensation.
If Funkytex.com has already partially fulfilled its obligations when the situation of force majeure arises or can only partially fulfil its obligations, it will be entitled to send a separate invoice for the goods already supplied, and the customer will be obliged to pay the invoice as if it related to a separate contract.
Retention of title
Funkytex.com will retain title to all goods sold and delivered by Funkytex.com to the buyer for as long as the buyer has not paid any amounts due to Funkytex.com pursuant to the agreement or any previous or subsequent agreements of the same nature, or for as long as the buyer has not paid any amounts due to Funkytex.com on account of failure to perform such obligations, including claims relating to fines, interest and costs, etc.
The customer is not authorised to pledge or encumber in any other way the goods falling under the retention of title.
The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage and against theft, and to make the insurance policy available for inspection by Funkytex.com on demand.
Delivery shall only take place after receipt of the invoice amount. If the payment is not received within 14 days, the contract terms will be renegotiated.
All agreements are subject to Dutch law.
Contact details :
5061 PC Oisterwijk
VAT - NL813244298B01
Chamber of Commerce - 18041333