The Basics
You understand that we are providing gag gifts for entertainment purposes only. We do not guarantee the quality or effectiveness of any product being sent. (ie: the potato is technically edible, but we are not selling it as an edible item).
You may not use our services to harrass or threaten someone.
You may not use our services to violate any laws.
Customers who place an order with Funky Delivery agree to release Funky Delivery, its agents, officers, and employees of any and all liability associated with the use of our services or products. As a buyer, you agree to assume all responsibility for any damages or complaints that result from the delivery of any items you order.
Customers must be 18 years old or older to make a purchase.
Customers may not send a gift to any person, business or organization that they do not personally know. This includes famous people and businesses.
All personal messages are reviewed and any content that we deem inappropriate will be edited. We will not deliver messages that are racist, threatening or considered hate-speech.
Our website should be considered as satire and humor. Please keep this in mind when placing an order. If you are not confident that the recipient will understand the novelty of the item you are ordering, or the message you are including, then do not send it. Despite our best efforts, we cannot guarantee anonymity for any order shipped.
Payment for orders placed through this website are securely processed by PayPal. We do not have access to any of your financial info since it’s handled by PayPal. Due to the nature of our products, we do not accept returns.
In General
Funky Delivery (“www.funkydelivery.com”) owns and operate this Website. This document governs your relationship with www.funkydelivery.com (“Website”). 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”). “Buyer” and “Sender” are used interchangeably to represent the person buying the product. 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.funkydelivery.com. Funky Delivery 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 here. 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.funkydelivery.com 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.funkydelivery.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.funkydelivery.com 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 offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.funkydelivery.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Www.funkydelivery.com 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.funkydelivery.com or may in some cases be a third party. Where a contract is made with a third party www.funkydelivery.com 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, that you are an authorized user of the credit or debit card used to place your order 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. You also agree that any recipient of a product you order through www.funkydelivery.com is over the age of 18, is a friend or family member of the buyer, and understands that the item they receive should be considered as a gag/joke for entertainment purposes only.
FunkyDelivery.com makes a basic attempt to keep the identity of the buyer private by not including information about them in or on the card/package unless it is requested or listed as a feature of the product being offered. We do not, however, guarantee anonymity and reserve the right to comply with requests for buyer contact information made by gift/order recipients and/or law enforcement agencies if such a situation arises and at our discretion.
(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. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you or the address you specified.
(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. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
(c) Payment
When your order is placed, payment will be processed by PayPal. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email and/or invoice. Your credit card statement will specify PayPal and/or CAPCO for the transaction.
Return Policy / Refunds
We do not accept returns. All sales are final. Products are sold as-is. Some products, such as glitter bombs, may not perform as expected (a suspicious person may meticulously inspect and slowly open the card). We do not offer refunds.
Disclaimer of Liability
The material and products displayed and sold on this Website are provided without any guarantees, conditions or warranties as to its accuracy or quality. Unless expressly stated to the contrary to the fullest extent permitted by law www.funkydelivery.com 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 includes liability for death or personal injury for any reason, including negligence, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. Any and all liability arising from a product or service provided by Funky Delivery will be assumed by the person who placed the order or used the service.
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.funkydelivery.com and you should not rely on the existence of such 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.funkydelivery.com.
Indemnity
You agree to indemnify, defend and hold harmless www.funkydelivery.com, 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
Funky Delivery 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.
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 by using our contact form.
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.funkydelivery.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.funkydelivery.com.