Terms and Conditions - Funky Fly Tying

TERMS & CONDITIONS

THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter “Terms”) governs your use of our web site (hereafter “web site”). It is vitally important that you read the Terms carefully, as your use of the web site will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the web site (hereafter “services”). Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the web site(s) or the services provided by Company through its web site(s).

This website is owned by Guide Flyfishing Ltd T//A Funky Flytying (hereafter “Company”), a company registered in England and Wales (company number 03210813), whose registered office is at 36-38 Bridge Street, Kelso, Scottish Borders, 237, TD5 7JD. Our VAT registration number is 675464403

The following words used in these Terms shall have the following meanings:

• “Personal Information” shall mean all data and/or information provided by and about User, including e-mail address (es), name, address, credit card, or other payment information, etc.;

• “Company web site” shall mean all web sites on which Company provides products and/or services.

• ” User” shall mean all Users of the Company web site(s) and services.

• “Company Products and Services” shall mean all products and/or services provided directly by Company;

• “3rd–Parties” include all advertisers, partners and affiliate vendors that are included on, or linked to, the Company web site(s).

ORDERING GOODS FROM US

Individuals: These terms of sale apply to all goods and services supplied by Guide Flyfishing Ltd T//A Funky Flytying via https://funkyflytying.com. The website is governed by the following terms and conditions; they do not affect your statutory rights.

Description and price of goods

We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on ttp://finandgame.com. If there is anything which you do not understand, or if you wish to obtain further information, please contact our customer services team on 01573 224066 or info@funkyflytying.com.

Product images are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.

We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without notice.

All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.

Placing an order

You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we despatch the order or send you confirmation by email even if your payment has been processed immediately.

We may refuse at our discretion to accept an order:

(a) where we cannot obtain authorisation for your payment;

(b) if there has been a pricing or product description error; or

(d) where goods ordered by you are not available;

(e) if we do not deliver to your area;

Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

Payment

Payment can be made by any of the options advertised on our website. Payment shall be due before delivery. If payment fails, your order will be cancelled. There will be no delivery until clear funds have been received.

Payment online: Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the website.

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases.

By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. During security checks we may ask for additional information or documentation to help support the data you supplied.

Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.

Delivery

We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 5 days of your order. However we reserve the right not to make deliveries outside the United Kingdom unless our ordering form provides that facility.

Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 14 working days of the delivery of the goods in question.

If you do not receive goods ordered by you within 5 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 14 days from the date on which you ordered the goods.

Import Duty

Goods dispatched to other countries outside of the EU may be liable to Import Duty, Tax or VAT. When ordering from us you agree to pay any such Duties which may be imposed by your country’s government.

If you refuse to pay any Import Duty / Tax / VAT imposed and thereby prevent delivery of your order you will remain liable for the purchase price of the product/s and any Import Duty / Tax / VAT or penalty imposed by your government.

Title for Consumers

Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.

Limitation of Liability

The Company will not be liable to you for any loss or damage in circumstances where:

(a) There is no breach of a legal duty owed to you by the supplier or by its employees or agents;

(b) Such loss or damage is not a reasonably foreseeable result of any such breach;

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

NEWSLETTERS

Guide Flyfishing Ltd T//A Funky Flytying regularly sends out a newsletter and/or other informational emails (collectively referred to as “Newsletters”) to all Users. In these Newsletters, we may inform you about new services, features or products. User may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us at info@funkyflytying.com or following the unsubscribe link contained in each of the emails.

LICENCE AND COPYRIGHT

The Company web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the web site is copyrighted as a collective work under UK and International copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Company and the copyright owner. Elements of the web site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

You are permitted to print and download extracts from this website for your own private use on the following basis:

(a) no documents or related graphics on this website are modified in any way;

(b) no graphics on this website are used separately from accompanying text; and

(c)any of our copyright and trade mark notices and this permission notice appear in all copies.

In accordance with UK and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to info@funkyflytying.com or by letter to: Guide Flyfishing Ltd T//A Funky Flytying, 36-38 Bridge Street, Kelso, Scottish Borders, TD5 7JD.

DISCLAIMER

While the Company uses reasonable efforts to include accurate and up-to-date information, the Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Company web sites, either now operating or created in the future. The Company disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. The Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company web site.

The Company does not make any warranties or representations regarding any data, service and/or information provided or made available by any user on any of the Company web sites or on any external web sites linked to them. In particular, the Company does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.

Without limiting the foregoing, under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.

COMPANY WEB SITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE COMPANY WEB SITES, ARE PROVIDED “AS IS,” WITH NO WARRANTIES EXPRESSED OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE COMPANY WEB SITES. COMPANY DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE COMPANY WEB SITES. THE COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE COMPANY WEB SITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE COMPANY WEB SITES.

THE USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COMPANY WEB SITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. THE USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

THE COMPANY AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd-PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.

LIABILITY

The Company may modify, suspend, discontinue or restrict the use of any portion of the Company web site, including the availability of any portion of the content at any time, without notice or liability.

User acknowledge and agree that it is virtually impossible to achieve continuous, uninterrupted availability of the Company or any other, web site. While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.

In no event (including our own negligence) will we be liable for any:

(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

(b) loss of goodwill or reputation;

(d) damage to or loss of data

(even if we have been advised of the possibility of such losses).

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

INDEMNITY

You agree to indemnify, defend and hold harmless the Company, its web site(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding:

1. Your use of the Company web site(s);

2. The Company’s use of any your content or information, as long as such use is not inconsistent with these Terms;

3. Information or material provided through your IP address, even if not posted by you or

4. Any violation of these Terms by you.

DISPUTE RESOLUTION. CONSUMER REVIEWS AND USE OF SOCIAL MEDIA

We endeavour at all times to provide high standards in retail and business and recognise and support the importance of the use of social media and the Internet to alert the public when such standards are not met. However, we believe that complaints should not be published in a manner that is unfair or unreasonable as to content and manner of publication and, for this reason, the following terms are agreed by yourself and ourselves to regulate how to proceed when you feel that reasonable standards have not been met.

If you post any comment on our service or products on any website other than the Company’s website, you agree that:-

1. I) you will not include any statement that is untruthful or malicious.

2. II) you will do all that is possible to enable the Company to post to the same website a comment in response and ,if such is not possible, you will include such response in full in a comment posted by yourself on the same website

III) you will agree to participate in a form of alternative dispute resolution accredited by the Trading Standards Institute of the United Kingdom under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and recommended, as appropriate for the nature of the dispute, on request by the Company of the service operated at www.funkyflytying.com

GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.

We do not warrant that materials, services or information for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

MISCELLANEOUS

If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of the Company.

Section Titles : The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

Incident Reporting : Any complaints regarding violations of these Terms by a User should be directed to customer services at info@finandgame.com. Where possible, include details that would assist the Company in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).

Complaints Procedure : We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at 36-38 Bridge Street , Kelso, Scottish Borders, TD5 7JD.

ONLINE ACCEPTANCE

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.

These Terms represent the entire understanding between the user and the Company and supersedes any prior statements or representations. THE USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the web site, it’s services, sign up, posting, downloading and uploading content, and understands that it is entering into a binding and legal agreement with Company.

You agree to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than English courts.

These Terms and Conditions were last updated, and became effective, on 09/02/2016.

Contact Information : Our contact details are as follows:

Company Name: Guide Flyfishing Ltd T//A Funky Flytying, 36-38 Bridge Street, , Kelso, Scottish Borders, 237, TD5 7JD. General email: info@funkyflytying.com

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