1. PRICES

Prices are liable to alteration without notice, and are accepted at prices ruling at day of despatch.

2. PAYMENT

We currently do not offer credit accounts. Payments for orders must be paid in full when the order is placed using our online portal. We accept payments via WorldPay or PayPal.

3. RETURN OF GOODS

a) All representations or notifications regarding goods clients wish to return to us for any reason, or in the case of non-delivery of goods, either of which could result in the adjustment of any invoice, must be submitted within 14 days to us in writing via email or post, or must be sent to our Kelso office. Verbal notifications via phone will not be accepted as being properly received by the vendor.

RETURNS MUST–

a) Be sent to our returns address:

Funky Fly Tying Returns
36-38 Bridge Street,
Kelso,
TD5 7JD

b) Be accompanied by a letter giving full explanation as to why the goods are being returned.

c) Be accompanied wherever possible by an invoice number or appropriate date of purchase.

NOTES ON RETURNS –

d) Goods being returned without full details will not be refunded until adequate details have been supplied.

e) No part packs to be returned unless goods are faulty.

4. LETTER/PARCEL RESPONSIBILITY

In cases of letters or parcels sent via the Post Office or any other agency, the Post Office or such Agency acts for the sender, and any late or non-delivery is the responsibility of the sender.

5. CARRIAGE

Customers are responsible for paying all duties and VAT due in their country.

All carriage costs can be found on the “Deliveries” page of our website.

6. SHORTAGES AND DAMAGED GOODS

The Firm will not accept any claim in respect of damage in transit or non-delivery or faulty goods unless written notice is given to the Firm and Carrier as follows:

  1. For damage in transit or partial non-delivery or faulty goods within three days of receipt of goods by the customer.
  2. For non-delivery within ten days of the date of the invoice.

The customer shall be deemed to have accepted the goods as being in conformity with the Contract and shall be bound to pay for them unless written notice is received by the Firm and the Carrier in accordance with the foregoing and in accordance with the carriers terms and conditions.

7. DELIVERY– every effort is made to execute orders in one consignment. In the event of incomplete first sending, subsequent deliveries will be madeUNLESS YOU NOTIFY US TO THECONTRARY, or until we notify you that we are cancelling the balances.

ALL ORDERS ARE ACCEPTED SUBJECT TO AVAILABILITY OF STOCK

8. REFUSED PARCELS– If all, or part, of a consignment is refused because it is damaged we must be notified by letter immediately, in order to be able to claim on our carriers.

DAMAGED POST PARCELS SHOULD NOT BE REFUSED, BUT SIGNED FOR AS RECEIVED DAMAGED AND YOU SHOULD NOTIFY US IMMEDIATELY.

9. SPECIFICATIONS– We reserve the right to modify specifications according to the supply position of materials, or due to desire to improve designs.

10. LIABILITY– Funky Fly Tying shall be under no liability for any loss or damage however arising resulting from the use of the goods supplied and the customer will indemnify Funky Fly Tying in respect of any claim brought by a third party against Funky Fly Tying in respect of such loss or damage providing always that nothing herein shall exclude or purport to exclude any liability of Funky Fly Tying where exclusion of liability is prohibited, void or unenforceable under English Law.

11. WEIGHTS AND MEASURES– FISHING TACKLE are not items, which are generally sold by weight or volume. Where these are given they serve only as part of the usual description.

12. As a condition of your selection as a reseller and our acceptance of your orders, we have a few reseller guidelines, which will apply to your appointment and for all orders. We ask you to comply with these to maintain the quality of the brand and customer service.

Reseller Guidelines

You agree:

  • To do your best to promote the sale of the products and maintain product quality at all times;
  • Not to advertise the products on any internet-based website (including ebay and Amazon) other than your own website hosted under your own domain name and not advertise any product on any internet auction or trading site;
  • Without our prior written consent make any promises or guarantees about the products beyond those contained in the information supplied by Funky Fly Tying or make any representation on the behalf of Funky Fly Tying in relation to the products or commit us to any contracts; and
  • Comply with any further reasonable guidelines or instructions we may request of you from time to time.

Our Obligations to you

For our part we will do our best to meet all your orders for the products in accordance with our terms of delivery but we do not give any condition or warranty save as expressly set out in writing. So, to the fullest extent permitted by law and no matter what type of legal claim, all implied terms are excluded and our liability to you shall be limited to any repair or replacement service under the terms of any warranty and shall be otherwise limited to the price for the products ordered.

Termination

We shall be entitled immediately upon written notice to suspend or terminate this agreement and/or any order you place on us:-

  • if you breach any of the above Reseller Guidelines, and/or
  • if any payment due to us by you is outstanding (but not formally disputed) 30 days after the due date, and/or
  • if you repeatedly breach any of the terms of this agreement in such a manner as to reasonably justify the opinion that your conduct is inconsistent with having the intention or ability to give effect to the terms of this agreement; and/or
  • if you go into liquidation, receivership or equivalent (or if proceedings are issued in this regard) or if you should enter into an agreement with your creditors.

We may cancel without liability any orders for products placed by you before termination if delivery would fall due after termination, whether or not they have been accepted by us.

This agreement is personal to us and neither of us shall assign, subcontract, or deal in any other manner with any of its rights and obligations under this agreement.

A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.

Except as expressly provided in writing, nothing in this agreement is intended to, or shall be deemed to, establish any partnership, agency or joint venture between us, nor authorise either of us to make or enter into any commitments for or on behalf of the other.