FUNKYBOD - TERMS AND CONDITIONS - OVERVIEW
This website is operated by East Point Group OOD, trading as Funkybod. Throughout the site, the terms “we”, “us” and “our” refer to East Point Group OOD, trading as Funkybod. Funkybod offers this website, including all information, tools, products and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, merchants, vendors and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services.
Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. Shopify provides the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority and have given us your consent to allow any minor dependants to use this site under your supervision.
You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws applicable in your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms, viruses or other code of a destructive or malicious nature.
A breach or violation of any of these Terms may result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any lawful reason at any time.
You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any contact on the website through which the Service is provided without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. Material on this site is provided for general information and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete or timely sources of information where appropriate.
Any reliance on material on this site is at your own risk.
This site may contain certain historical information. Historical information is necessarily not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update information except where required by law.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part or content of it, without notice, subject to any obligations we may have under applicable law in relation to existing orders or contracts.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service except where liability cannot legally be excluded.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. Products or Services may have limited quantities and may be subject to return or exchange in accordance with our Refund Policy.
We have made reasonable efforts to display as accurately as possible the colours and images of our products that appear on the store. We cannot guarantee that the display of any colour on your device will be completely accurate.
We reserve the right, where lawful, 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 quantities of products or Services that we offer. Product descriptions, availability and pricing may be changed at any time without notice, at our discretion, subject to our obligations in respect of orders already accepted.
We reserve the right to discontinue any product at any time.
We do not guarantee that products or Services will meet every subjective expectation of the customer. Nothing in this section affects your statutory rights in relation to goods that are faulty, damaged, misdescribed or otherwise not in conformity with the contract.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel an order where permitted by law. We may, in our discretion, limit or cancel quantities purchased per person, household or order.
These restrictions may include orders placed by or under the same customer account, payment method and/or billing or shipping address.
If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided when the order was placed.
We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to be placed by unauthorised dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store and to promptly update your information where necessary.
For more information about returns and refunds, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools over which we neither monitor nor have control or input.
You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement.
To the extent permitted by law, we shall have no liability arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the site is at your own risk and discretion, and you should ensure that you understand and accept the terms on which those tools are provided by the relevant third-party provider.
Any new Services or features offered through the website in the future shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available through our Service may include materials or links from third parties.
Third-party links may direct you to websites that are not affiliated with or controlled by us. We are not responsible for examining or evaluating their content or accuracy and, to the extent permitted by law, accept no responsibility for third-party websites, materials, products or Services.
We are not responsible for harm or damages arising from purchases or transactions made directly with third-party websites. Please review the third party's policies and practices before entering into a transaction with them.
Questions or complaints regarding third-party products or Services should be directed to the relevant third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us submissions, ideas, suggestions, proposals, plans, feedback or other materials (“comments”), you agree that, where legally permitted, we may use those comments without restriction for legitimate business purposes.
We are under no obligation to maintain comments in confidence, pay compensation for comments or respond to comments unless otherwise agreed or required by law.
We may monitor, edit or remove content that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene, abusive, infringing or otherwise objectionable, or which violates these Terms.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy or other personal or proprietary rights.
You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of your comments.
You are responsible for the content and accuracy of comments you submit.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or within the Service containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders where information is materially inaccurate, subject to applicable consumer law.
We undertake no obligation to update, amend or clarify information except where required by law.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in unlawful acts;
- to violate applicable laws, rules or regulations;
- to infringe our intellectual property rights or those of others;
- to harass, abuse, threaten, intimidate, defame or unlawfully discriminate against others;
- to submit false or misleading information;
- to upload or transmit viruses, malicious code or other harmful material;
- to unlawfully collect or track personal information of others;
- to spam, phish, pharm, pretext, spider, crawl or scrape the Service where prohibited;
- for any obscene or unlawful purpose; or
- to interfere with or circumvent the security features of the Service, any related website or the Internet.
We reserve the right to terminate or restrict your use of the Service for violation of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will always be uninterrupted, timely, secure or error-free.
We do not guarantee that results obtained through use of the Service will always be accurate or reliable.
You agree that we may from time to time remove the Service for periods of time or discontinue parts of the Service, subject to our legal obligations relating to existing orders and contracts.
To the fullest extent permitted by applicable law, the Service is provided “as is” and “as available”, except for warranties, guarantees and consumer rights that cannot legally be excluded.
To the fullest extent permitted by law, East Point Group OOD, trading as Funkybod, and our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors shall not be liable for indirect, incidental, special, punitive or consequential losses arising from use of the Service where such liability may lawfully be excluded.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including any mandatory rights or remedies available to consumers under applicable law.
SECTION 14 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless East Point Group OOD, trading as Funkybod, and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from claims or demands made by a third party arising directly from your unlawful use of the Service, your material breach of these Terms or your violation of the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.
Such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this agreement where applicable.
These Terms remain effective unless and until terminated by either you or us.
You may stop using our Services at any time.
If, in our reasonable judgment, you materially breach these Terms, we may terminate or restrict your access to the Services, subject to applicable law.
Termination does not affect amounts properly due or rights and obligations that arose before termination.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with the policies and operating rules posted by us on this site in respect of the Service, constitute the agreement between you and us relating to your use of the Service, subject to any mandatory consumer rights that apply.
They supersede prior versions of these Terms relating to the same subject matter.
Any ambiguity in the interpretation of these Terms shall not automatically be construed against either party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide Services to you shall be governed by and construed in accordance with the laws of Bulgaria.
If you are a consumer, this choice of law does not deprive you of any mandatory consumer protection rights that apply to you under the laws of your country of residence and which cannot lawfully be excluded by contract.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our discretion, to update, change or replace any part of these Terms by posting updates and changes to our website.
Where required by law, we will provide appropriate notice of material changes.
Your continued use of or access to the website or Service after changes become effective constitutes acceptance of those changes to the extent permitted by applicable law.
SECTION 20 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to office@funkybod.com.
East Point Group OOD, trading as Funkybod
1 Tsar Simeon Street
Suvorovo, 9170, Bulgaria
European Union
Email: office@funkybod.com
Phone: +359 896 246 700
VAT No: BG202581556