TERMS AND CONDITIONS OF MEMBERSHIP


  1. Our service

    Funkyfogey.com is a community website for people who are funky and fogey, funky and becoming fogey, or fogey and becoming funky. We provide forum areas for discussion. We also provide a convenient way for you to buy goods from us and from other suppliers. It is important that you read and understand these terms before using our services. By accessing or using our services you agree to be legally bound by these terms, as they may be modified from time to time. We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. However, the terms current as at the start of a particular transaction will apply until that transaction is completed.


  2. Registration

    1. You are required to register with us by completing the registration form on our home page and submitting it to us. Only adults (i.e., those aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to use our services. Any other individuals who are unable to form legally binding contracts are prohibited from using the services. If you do not qualify, do not use our services. By registering, you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.

    2. On occasions certain individuals and members will be refused access to our services. Such suspensions shall be within our sole discretion.

  3. Jurisdiction

    This site is targeted at United Kingdom residents only. If you are not a resident of the United Kingdom do not use this site. In listing your place of residence and delivery address in our order form you are representing to us that you are a resident of the United Kingdom. This is a representation on which we rely prior to accepting your offer to purchase our advertised goods and services.

  4. Information you provide

    1. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use any information you provide to us or other users of our services, for example, during the registration process.

    2. Such information shall be legal, decent, honest and truthful, shall not infringe any third party rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide shall be accurate and complete and all registration details shall contain your correct name, address, credit or debit card number and other requested details.



  1. Security

    1. You are solely responsible in all respects for all use of and for protecting the confidentiality of any e-mail verification number and password which may be given to you or selected by you for use on our site. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding our services.

    2. We use third party services to secure and protect your credit card information and assist your shopping experience. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished shopping.

  2. Availability of site

    While we will use all reasonable endeavours to make our services and website available, we cannot guarantee that they will operate continuously or without interruption.

  3. Privacy policy

    We take privacy issues seriously. Our current privacy policy covers our use of any information you provide. In using our services you acknowledge and agree to be bound by the terms of our privacy policy.

  4. Contracts with us

    If you purchase goods from us we must receive payment of the whole of the price of the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

  5. Price

    1. The prices payable for goods that you order are as set out in our website.

    2. You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.


  6. Right for you to cancel your contract

    1. You may cancel your contract with us for the goods you order at any time to the end of the seventh working from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

    2. You cannot cancel your contract if the goods you have ordered are newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.

    3. To cancel your contract you must notify us in writing.

    4. If you have received the goods before you cancel your contract then unless under clause 10.2 you do not have a right to cancel you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

    5. Once you have notified us that you are cancelling your contract any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.






  1. Cancellation by us

    1. We reserve the right to cancel the contract between us if:

      1. we have insufficient stock to deliver the goods you have ordered;

      2. we do not deliver to your area; or

      3. one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us by our suppliers.

    2. If we do cancel your contract we will notify you by e-mail and we will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

  2. Delivery of goods to you

    1. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

    2. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.

    3. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

  3. Liability

    1. 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 10 working days of the delivery of the goods in question.

    2. If you do not receive goods ordered by you within 30 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 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition our only obligation will be at your option:

      1. to make good any shortage or non delivery;

      2. to replace or repair any goods that are damaged or defective; or

      3. to refund to you the amount paid by you for the goods in question in whatever way we choose.

    3. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 13.2.3 above.

    4. 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 of our 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.

    5. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you may 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.






  1. Notices

    Unless otherwise expressly stated in these terms and conditions all notices from you to us must be in writing and sent to our contact address at Funkyfogey Limited, Studio 2, Willowfield Studios, 67A Willowfield Road, Eastbourne, BN22 8AP and all notices from us to you will be displayed on our website from time to time.

  2. Events beyond our control

    We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

  3. Invalidity

    If any of these terms and conditions are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

  4. Third party rights

    Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.


  1. Links to other sites

    Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linksite, its operator or its Content. We are not responsible for the Content of any website outside our site, nor for any contract you may enter into with the operator of any website outside our site.

  2. Intellectual propertyhttp://naseer/FunkyFogey/study.aspx
    1. We are the proprietor of the Funkyfogey trademark. All other trademarks, brand names, product names and titles and copyrights used in this site are trademarks, brand names, product names or copyrights of their respective holders. No permission is given by Funkyfogey Limited in respect of the use of any of them and such use may constitute an infringement of the holder's rights.

    2. All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution or republication) without our prior written permission is strictly prohibited.

  1. Governing law

    The contract between us shall be governed by and interpreted in accordance with English law and the English Courts shall have jurisdiction to resolve any disputes between us.

  2. Entire agreement

    These terms and conditions, together with our current website prices, delivery details, contact details, forum rules and privacy policy, set out the whole of our agreement relating to the supply of goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

  3. Termination of membership

    1. We may terminate your membership of Funkyfogey immediately if you are in material breach of any of these terms and conditions or of any terms and conditions applicable to the use of our forum areas. You may terminate your membership of Funkyfogey at any time by written notice to us.

    2. Any rights that have accrued by either party at the date of termination will remain enforceable after termination.

  4. Variations

    We reserve the right at any time and without notice to revise the Content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following such change you will signify that you agree to be bound by the revised terms and conditions of use.
 




 
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