Terms and Conditions Welcome to FunkyKatz Studio. By using the FunkyKatz Studio website you confirm that you have read the terms and conditions regarding the conduct of parties accessing or using the FunkyKatz Studio website to trade and that you agree to be bound by these terms and conditions. Please note that should you not agree to the terms and conditions stated below, you may not use the FunkyKatz Studio website. The site is managed in the Republic of South Africa and promotes the sale of various product lines. Purchases made from the site are subject to the terms and conditions of this agreement. By shopping or browsing on this site, you acknowledge that you have read, understood and agreed to be bound by this Agreement, and the other policies displayed on this site. Terms of Use of The FunkyKatz Studio Website The FunkyKatz Studio website may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without the prior written consent of FunkyKatz Studio. Disclaimer Of Warranties And Limitation Of Liability By visiting the FunkyKatz Studio website site on the Internet you agree that using this service is entirely at your own risk. The site and its contents are provided on an "as is" basis and FunkyKatz Studio makes no representations or warranties of any kind. The Information expressed and displayed on this site should not be regarded as the opinion of FunkyKatz Studio. To the full extent permissible by South African law. FunkyKatz Studio, its directors, employees, suppliers or service providers disclaims all representations including the accuracy of content or information, products or services. FunkyKatz Studio does not guarantee that the services provided by the site will be uninterrupted or error free, or that the website, its servers or e-mails sent from FunkyKatz Studio are free from viruses. FunkyKatz Studio, their directors, members, employers, employees and suppliers shall not be liable for any loss, damage or expense which may be suffered. By accepting the terms and conditions you indemnify FunkyKatz Studio from any loss or damage suffered, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded. FunkyKatz Studio's liability whether in contract or arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time more than the monetary value of the items purchased with regards to any dispute. Applicable law FunkyKatz Studio website and all communications and transactions concluded using the website, are governed by the laws of the Republic of South Africa. Invitation to do business The products which are displayed on the FunkyKatz Studio website is seen as an invitation to do business with FunkyKatz Studio. Transactions are only confirmed when the FunkyKatz Studio has accepted your transaction and the acceptance is communicated to you via email or telephone call. The price of any products sold through FunkyKatz Studio including shipping costs shall be relayed to you at the time of your order. By visiting the FunkyKatz Studio website you agree that the terms and conditions will be applicable to all further transactions and website visits. Cancelled orders and unwanted goods You have 7 (seven) days the "day after" the day that the goods are received under the distance selling act from arrival of the goods to cancel your contract. The goods must be returned to us in the condition they were despatched, complete with all packaging and in a re-saleable state. The goods remain YOUR responsibility until they are received and signed for by us. Cancellation/Return of unwanted orders/items incur a 15% handling fee to cover processing/ handling fees. If an unwanted product is returned for exchange for a different product the customer will be charged or refunded any price difference plus return courier fees/charges. Electronic communications When a user visits FunkyKatz Studio or sends e-mails to FunkyKatz Studio, you are consenting to communicating with us electronically. FunkyKatz Studio will communicate with you by e-mail. User Information When purchasing products, you are required to provide FunkyKatz Studio with complete and accurate information about yourself and you agree that the information provided to FunkyKatz Studio is correct. Purchasing from FunkyKatz Studio is restricted to persons over the age of 18. Any person not permitted to register as a purchaser but who does so, shall be guilty of committing fraud. Valid Email Accounts Please note that without a valid/non free email address/account, you will not be able to purchase products displayed on the FunkyKatz Studio website. FunkyKatz Studio will only accept payments via EFT or Direct deposit if a valid email address is provided. Our Rights We reserve the right to: 1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or 2. Change these Conditions from time to time and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website. 3. We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control. Third Party Links In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. Monitoring We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website). Updating of these Terms and Conditions We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates. Consent I hereby accept the terms and conditions. I undertake not to copy/duplicate the designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by FunkyKatz Studio for any civil action or any legal action deemed necessary against me. Detailed Description of Good and / or Services FunkyKatz Studio is a business in the manufacturing and retail industry that markets soft furnishing & related products. Delivery, Returns & Refunds Policy National Deliveries: Shopping at FunkyKatz Studio is quick and easy. All main centre deliveries are to your door via a courier service . If your location is identified as a regional area by the courier company an extra delivery charge may be added. FunkyKatz’s products are stored within South Africa and delivered locally. Subject to availability and receipt of payment, requests will be processed within 10 working days and delivery confirmed by way of email. FunkyKatz Studio will courier the item/s to the specified address in South Africa as per courier charges, which charges will be payable by you. Estimated courier charges are in the region of R170,00. Please allow 2-7 days for delivery. We do not accept P.O. Box addresses as packages must be signed for upon delivery. *You may be requested to produce your ID and/ or credit card at the time of delivery*. Please note that we accept product returns within 10 working days upon receiving. Delivery Times Approximate time taken from dispatch to the receipt of goods: Major Centres via Express Courier: 1 working day (Please note that this is the time from dispatch and not when the actual order was placed) Regional Areas via Express Courier: 1 to 3 working days (Please note that this is the time from dispatch and not when the actual order was placed) National Order Returns: The provision of goods and services by FunkyKatz Studio is subject to availability. In cases of unavailability, FunkyKatz Studio will refund the client in full within 30 days. Cancellation of orders by the client will attract a R15 administration fee. If for any reason you are not satisfied with part or all of your purchase/s, you can return it/them in its/their original condition for a voucher or exchange within 10 days of receipt. Unfortunately we cannot accept returns without a tracking number or if they have been customer worn or damaged. If you are unhappy with your order upon receiving it, you are welcome to return the order back to us but it must be in a saleable condition. Please return the item in its original packaging with any relevant information attached to: FunkyKatz Studio, 3 Cheshire Road, Hurlyvale, EDENVALE, 1609. If you wish to make use of our courier, a return courier charge will be levied. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item/s must be in the original packaging. Your item/s needs to have the receipt or proof of purchase. Please note that you need to inform us of your intention to return the product and send us the tracking number for pre-paid postage/courier charges. Colours of the products may vary slightly from the photographic representations on the site. National Order Refunds: Once we receive your item/s, we will inspect it/them and notify you that we have received your returned item/s. We will immediately notify you on the status of your refund after inspecting the item/s. If your return is approved, we will initiate a refund to your account (or original method of payment). You will receive the credit within a certain amount of days, depending on your bank’s / Financial Institution’s policies. Contact Us If you have any questions on how to return your item to us, contact us. Customer Privacy Policy At FunkyKatz Studio, your privacy is important to us. This privacy policy is designed to inform you of what information FunkyKatz Studio collects, why we collect such information and how we use the information we collect. Collection and Use of Information In general, you can browse our Web Site without telling us who you are or revealing any personally identifiable information about yourself. As a policy, FunkyKatz Studio does not and will not sell, trade or rent your personally identifiable information to third-parties, unless you have granted us permission to do so. Communications: If you provide FunkyKatz Studio with personally identifiable information, this information may be used to communicate to you information regarding FunkyKatz Studio and its products. Your personally identifiable information may also be used to improve and customize our Web Site's content and functionality. Compliance with Law and Fraud Protection: We may collect and disclose any information, including personally identifiable information necessary to comply with any applicable law, regulation, legal process or governmental request. We may collect and possibly share personally identifiable information and any other information available to us in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any personal or as otherwise required by law. We may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction. Service Providers: We may share your personally identifiable information with authorized third party partners, agents and contractors. For example, when we need to ship something to you, we must share your name and address with our couriers. Data Collection Devices, such as Cookies: In some instances, FunkyKatz Studio may collect non-personal data through cookies and web logs and other monitoring technologies "Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. We use cookies on certain pages of our Web Site to, among other things, analyze our web page flow, measure promotional effectiveness, deliver you a more customized shopping experience, track visits from our affiliates and partners and allow the use of our shopping cart. FunkyKatz Studio does not use cookies to store or collect any personally identifiable information. You are always free to decline our cookies if your browser permits; although, by declining the use of cookies you may not be able to use certain features on the Web Site. While FunkyKatz Studio and its affiliates shall take reasonable care to safeguard the information provided by you to FunkyKatz Studio from unauthorized access or disclosure, FunkyKatz Studio does not represent or guarantee that the safeguards will provide absolute protection. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf Responsibility FunkyKatz Studio takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer services and support, dispute resolution and delivery of goods. Country of Domicile This website is governed by the laws of South Africa and FunkyKatz Studio chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 3 Cheshire Road, Hurlyvale, Edenvale, Johannesburg, 1609. Variation FunkyKatz Studio may, in its sole discretion, change this agreement or any part thereof at any time without notice. FunkyKatz Studio contact details Telephonic Support: +27 82 553 9399 | Email Support: [email protected]
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