Terms & Conditions: Fun Creations e-Commerce Store
Fun Creations, www.funcreations.co.za, owns and operates this Website. This document governs your relationship with www.funcreations.co.za. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by www.funcreations.co.za. Fun Creations, www.funcreations.co.za has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at [Privacy Policy Link]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this Website. You will not:
- commit or encourage a criminal offense;
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Service;
- corrupt data;
- cause annoyance to other users;
- infringe upon the rights of any other person’s proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offense and www.funcreations.co.za will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.funcreations.co.za or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.funcreations.co.za and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are agreeing to purchase products from us. Please do not place an order to obtain a quote on courier. You can rather email us your address and list of items for a quote. The sale is subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Goods are reserved for a maximum of 48 hours, starting when bank details, invoice and stock confirmation email has been sent out. All orders not paid within 48 hours will be cancelled. Since we are also a walk in store we can not guarantee stock quantities, stock availability and pricing for a long period. Should you wish to reserve stock we will need a full payment to secure such items. Please contact us should you wish to lay buy party supplies. Images displayed are for illustrative purposes solely . Variations in colours, shapes, patterns or design might occur. Nonetheless, the theme will be maintained. Please note the product colours are not guaranteed and are contingent on stock availability.
Courier costs depend on weight and size as well as destination of parcel. For a quote on courier kindly contact us. You are welcome to arrange your own courier/pick up (including Uber collections). However, we will not be held responsible at all for any lost or damaged parcels if the customer organizes their own collection. Regrettably no goods will be released unless payment reflects in our account.
Dispatch times will vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Couriers collects once a day, from our shop. Tracking number will be sent out once your parcel has been collected. Should you need any thing urgently, kindly contact us before placing your order. Overnight courier cost is more expensive than standard road freight.
In order to contract with www.funcreations.co.za you must be over 18 years of age and possess a valid South African Bank account in order to make EFT payments. Fun Creations, www.funcreations.co.za retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.funcreations.co.za or may in some cases be a third party. Where a contract is made with a third party www.funcreations.co.za is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. Payments are required to reflect in the companies bank account before any orders are processed. This payment should be made within 48 hours of receiving bank details. A contract between us will not be formed until we send you confirmation by e-mail that payment has been received and the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Should you need a quote on courier, kindly contact us before placing your order. Placing an order and then ignoring all communication might result in your account being permanently blocked. In the event of an order placed, but you no longer require the order, please email us so that we can cancel the order.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. A refund will be subject to whether it is standard stock, end-of-range items, or specially ordered stock. There is no refund on markdown or specially ordered stock.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. Courier fees are charged according to size and weight of your order as well as end destination. Should you wish to first get an estimate on courier costs feel free to email funcreationspartyshop@gmail.com. Kindly note minimum courier fee start from R115-00* upwards. You are also welcome to arrange your own courier/collection (including Uber collections). As stated, we will not be held responsible for any lost or damaged parcels if you organize your own collection.
Images displayed are for illustrative purposes solely . Variations in colours, shapes, patterns or design might occur. Nonetheless, the theme will be maintained. Please note the product colours are not guaranteed and are contingent on stock availability.
*This will increase as and when courier companies increase their fees.
(c) Payment
Upon receiving your order, we will require a waiting period for payment to reflect into the companies bank account before the order is processed and or dispatched. Under no circumstances will orders be processed beforehand. Should you require goods urgently, please ensure that you make a direct, cleared payment. To avoid delays please email proof of payment along with your order number to funcreationspartyshop@gmail.com
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.funcreations.co.za and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.funcreations.co.za‘s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.funcreations.co.za and you should not rely on the existence of such a a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.funcreations.co.za.
Indemnity
You agree to indemnify, defend and hold harmless www.funcreations.co.za its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
www.funcreations.co.za shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Images displayed are for illustrative purposes solely . Variations in colours, shapes, patterns or design might occur. Nonetheless, the theme will be maintained. Please note the product colours are not guaranteed and are contingent on stock availability.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.funcreations.co.za. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.funcreations.co.za.
