Terms and Conditions
Terms and Conditions
1. Agreement to Terms and Conditions
1.1 Acceptance of Terms and Conditions
1.1.1 The website www.funkylampshades.com is owned and operated by Incube. References to “www.funkylampshades.com”, “funkylampshades.com”, “Funky Lamp Shades”, “we”, “us”, “our”, “site” or “the website” are references to Incube. Funky Lamp Shades is committed to safeguarding the privacy of users to our site. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act 1998 (the “Act”). Our address for correspondence is:
Funky Lamp Shades
18 Woodbank Avenue,
Buckinghamshire SL9 7PY
1.1.2 By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and / or contributors of content.
1.1.3 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
1.1.4 You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.1.5 A breach or violation of any of the Terms will result in an immediate termination of your Services.
1.1.6 Our working days are Monday to Friday, 10am to 4pm GMT, excluding UK public holidays.
1.2 Changes to Terms and Conditions
1.2.1 We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes.
1.3.1 Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1.3.2 Prices for our products are subject to change without notice.
1.3.3 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
1.3.4 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
1.3.5 If you have an account on funkylampshades.com you will be able to login and view previous product orders. We cannot be held liable for any errors in the display of this information.
1.3.6 Please note that on your credit / debit card statement, your order should show up as being charged to “Incube” or “funkylampshades.com” or “Funky Lamp Shades”.
1.3.7 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
1.3.8 All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
1.3.9 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
1.4.1 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
1.4.2 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and / or billing address / phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
1.4.3 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
2. Website Use
2.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
2.2 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
2.3 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. If your password becomes compromised you can change it in the “Account” area on www.funkylampshades.com or you must inform us immediately using the Contact form on the website.
2.4 We reserve the right to refuse service to anyone for any reason at any time.
3. User Material and Third Party Websites
3.3.1 In these Terms and Conditions, we use the term ‘User Material’ to refer to any material of any kind that you submit to us, including but not limited to text, testimonials, comments, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register or when you subsequently change that information.
3.3.2 If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these terms, then you should not do so.
3.3.3 We do not systematically review User Material submitted by users of this website. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
3.3.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of this website, particularly where User Material breaches this section of the Terms and Conditions and we may do this with or without giving you any prior notice.
3.3.5 We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to Funky Lamp Shades a non-exclusive, royalty-free, sub licensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media (including, but not limited to, our website and those websites which we operate by way of a ‘white label’ or ‘co-branded’ service for third parties).
3.3.6 We may link User Material or parts of User Material to other material, including material submitted by other users of the website or created by Funky Lamp Shades and / or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those in the website or to promote, market or advertise Funky Lamp Shades. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.
3.3.7 Each time you submit User Material to us, you represent and warrant to us as follows: (a) you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (including copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract; (b) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive; does not encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law; and is not otherwise inappropriate; (c) your User Material does not advertise any product or service or solicit any business; (d) your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of eighteen (18) and if User Material identifies any individual over the age of eighteen (18), you have that person’s consent to being identified in exactly that way in your User Material; and (e) in submitting your User Material you are not impersonating any other person.
3.3.8 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) or imply a recommendation or endorse the views expressed within them. We have no responsibility for the content of the linked website(s). Once you have used these links to leave our site we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by our privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
4. Your Account
4.2 We may refuse any application to set-up an account or receive our services for any reason whatsoever. Please note that by supplying your email address on joining us you grant us permission to contact you via email regarding your account and changes to your order or the services the website offers.
4.3 With the exception of order processing (currently carried out on our behalf by Shopify and / Stripe and / or PayPal), we will not pass or sell your details to any company outside of our group.
4.4 Your data may be transferred outside the EEA (European Economic Area).
4.5 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
5. Availability of Website
5.1. Although we aim to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
5.2. Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order by emailing firstname.lastname@example.org. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
6. Purchase of Products
6.1 You may submit product orders online at any time. The facility and our communications to you in relation to any order will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
6.2 Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.
6.3 No order is accepted from you until you receive a confirmation email from us.
6.4 Payments are currently processed by Shopify and / Stripe and / or PayPal and are subject to their Terms and Conditions.
6.5 You can only purchase products to be delivered in the country you reside and where your payment card is registered.
6.6 You are responsible for entering the correct billing address (where your payment card is registered to) and the correct shipping address (if different to the billing address). We will send you a confirmation email when your order or subscription has been processed. Please check the details immediately and if you need to change anything please contact us at once. We ship orders in good faith to the address you specify and we cannot be held responsible for orders if the delivery details you have entered are not correct.
7. Free or Discounted Offers
7.1 Free or discounted introductory offers are only available to new or invited users of the website, except where expressly stated, previous users or triallists of the website do not qualify for an additional special offer.
7.2 Free or discounted offers are available only once to any one person.
7.3 You must have internet access and valid payment details to redeem a free or discounted offer.
7.4 Upon registering for your free trial, your method of payment will be authorised for up to the cost of the products or subscriptions in order to verify your identity, and to protect us from theft and fraud. Some banks or payment card companies may reflect this authorisation against your available balance or credit limit.
7.5 You will be charged the full price for products after your free or discounted offer.
8. Payments, Taxes and Availability
8.1 You will be charged up to five (5) working days before your products or subscriptions are shipped.
8.2 Our website is designed not to ship products unless payment has been received in full. Please note that should your account fall into arrears, Funky Lamp Shades reserves the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a GBP £50.00 handling charge for all such cases.
8.3 You agree not to hold us responsible for banking charges incurred due to payments on your account.
8.4 Goods are subject to changes in supply levels and supply prices. Occasionally goods may become unavailable or goods may be discontinued. Funky Lamp Shades reserves the right to change the fees for any services at any time.
8.4.1 If goods become unavailable or discontinued we will do our best to supply similar item(s). In this circumstance we will refund any difference in price or, if a customer prefers, cancel a service without penalty.
8.4.2 If goods become unavailable or discontinued and, in our opinion, we cannot source an acceptable replacement, we reserve the right to cancel services without notice. We will refund all fees for services that cannot be supplied or despatched.
8.5 Please contact us in the unlikely event you discover a discrepancy on your bill from funkylampshades.com (see card statements above). If there is an error we will credit your card within ten (10) working days – but we aim to be quicker!
8.6 All goods and subscriptions ordered from funkylampshades.com remain the property of Funky Lamp Shades until payment is received in full.
8.7 All items offered for sale include UK / EU VAT taxes. The purchaser is responsible for any other taxes (such as import tax) that may be levied if you order outside of these countries / areas; for example customers in some states in the USA may be liable for sales tax on purchases over the internet – you will need to consult your local tax office.
9. Delivery, Returns and Refunds
9.1 Delivery Times for Standard Online Shop Orders. Once payment has been processed we aim to ship all orders within three (3) working days of receipt. Working days for us are Monday to Friday (not including UK Bank / Public Holidays). Delivery times for orders placed at funkylampshades.com are estimated as follows (though we strive to be quicker):
UK: Please allow around 3–5 working days.
EU and Europe: Please allow up to 5–10 working days.
Rest of the World including USA and Canada: Please allow up to 5–15 working days.
9.2 UK orders are sent by Royal Mail 24 (1st Class mail) or by courier. Orders to EU, Europe and Rest of the World (including USA and Canada) are despatched via Royal Mail Airmail or International Courier.
Within fourteen (14) days of receipt of your order, you may return any unused / unopened items for a full refund. Goods must be completely unused and in a saleable condition. Please note that we can only process returns and refunds for items purchased from funkylampshades.com.
9.6.2 The UK’s Consumer Contracts Regulations require that you provide written notice of cancellation (i.e. you wish to return the goods) within fourteen (14) working days. Goods do not have to be returned within this period for you to secure a refund. A refund must be made within fourteen (14) days of the receipt of your written cancellation, but we may delay refund if we have not received the cancelled items or sufficient evidence they have been returned. If items have been sent by a non-standard delivery method requested by the customer, the additional cost for this non-standard delivery will not be refunded.
9.6.3 To return an item, please wrap your goods securely and please include our original packing slip with your return. If you do not have your packing slip, please indicate the order number on a separate piece of paper. Or print off and enclose your email receipt. We would appreciate it if you could indicate the reason for returning an item, but this is entirely optional.
9.6.4 For your protection, we recommend that you use an insured recorded delivery for shipment. Please note that we can only refund shipping costs if the return is a result of our error or if you are returning a faulty product.
9.6.5 Please send your returned product(s) to:
Funky Lamp Shades
18 Woodbank Avenue,
Buckinghamshire SL9 7PY
Ideally we request that you notify us before returning an item.
We will notify you via email of your refund (see Returns) and we aim to do this within fourteen (14) working days. Please note that we can refund shipping costs only if the return is a result of our error or a faulty product.
9.8.1 Missing orders.
Get in touch with us immediately if your order does not arrive when it should (see above). We’ll find out what happened to your order and get it to your doorstep as soon as possible. Sorry, but we cannot replace missing orders that are received by someone else on your behalf.
9.8.2 Missing items from your order.
Please contact us immediately if your order is missing any products. We’ll find out what happened to your order within three (3) working days and we’ll get them to you as soon as possible or give you the option of a full refund of the missing items.
Copyright, Trademarks and Intellectual Property
10.1 Copyright. This website and all its content is copyright of Funky Lamp Shades. Unless otherwise stated, we reserve all rights in that copyright. All brands, product and company names may be trademarks or registered trademarks of their respective holders.
10.2 Trademarks. All trademarks, logos, images, products and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any licence or right to use, alter or remove such material.
10.3 Intellectual Property. You agree that you will not infringe any rights including intellectual property rights of any person including, without limitation, copying, reproducing or otherwise modifying any material provided as part of your subscription.
10.4 All content and programming of the www.funkylampshades.com website is the property of Funky Lamp Shades. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website without written permission from Funky Lamp Shades except for the following:
- You may print or download to a local hard disk extracts for your personal and non-commercial use only.
- You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
10.5 You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
11.1 Not withstanding clause 11.1 above, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for re-credit to your card.
11.2 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. In particular, we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions, including, but not limited to, section 10.2. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and without notice.
13. Discount, Coupons and Promotional Codes
13.1 Any code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.
14. Disclaimer of Warranties and Limitations on Liability
14.1 Nothing in this clause (14) or otherwise in these Terms and Conditions shall exclude or in any way limit Funky Lamp Shades’s liability for:
- Death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977.
- Where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through the website.
- Liability to the extent the same may not be excluded or limited as a matter of law.
- Nor will any of these terms restrict any of your UK consumer statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
14.2 This website and its contents are provided “as is” and on an “as available” basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of boxes, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of or reliance on the content provided on the website or any conduct by users of the website. We reserve the right to deliver products or subscriptions at our sole discretion. Subject to clause 14.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. The content of the pages of this website are for your general information and use only. It is subject to change without notice. Any reliance you place on such information is therefore strictly at your own risk.
14.3 Subject to clause 14.1, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
14.4 Subject to clause 14.1 our maximum liability to you (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of GBP £1 and / or the total amount paid by you to us in respect of the services provided by Funky Lamp Shades in the month preceding any such claim. If you are a consumer, please note that this does not affect your UK Statutory Rights.
15. Applicable Law
15.1 This website is controlled by Funky Lamp Shades. Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the exclusive jurisdiction of the English courts.
16. Assignment by Us
16.1 You agree that we may assign any of our rights and / or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party.
17. No Waiver
17.1 If we delay exercising or fail to exercise or enforce any rights available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
18. Force Majeure
18.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
19. Third Party Rights
19.1 Subject to clauses 14.1, 14.2, 14.3 you hereby acknowledge and agree that nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
19.2 In accordance with clause 1.2.1, we may rescind, waive, assign, release or vary any or all of the provisions in the Terms and Conditions in any way without the consent of any third party.
20. Damaged or Defective Items
20.1 You must inspect the products delivered to you on day of receipt and notify us the same day of any defects. We will replace or refund you for defective products if notified of any damage or defects on the day of receipt.
20.1 If any items your purchase from funkylampshades.com are faulty or develop a fault within one (1) year of purchase, please send us details of the problem and we will get back to you within three (3) working days – though we aim to be quicker (our Customer Care is open 10am to 4pm GMT, Monday to Friday excluding UK public holidays). We will refund the cost of any faulty product or we will replace it free of charge. This does not affect your statutory rights as a consumer.
21. Indemnity by you
21.1 You agree to indemnify and hold Funky Lamp Shades, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions or any violation by you of any applicable laws or the rights of any third party.
22. Promotional Coupon & Discount Codes
22.1 Funky Lamp Shades’s promotional coupons (also known as “discount codes”) may only be used by the registered user and their registered email address, are non-transferable, and may be withdrawn at any time.
22.2 Promotional coupons may be used only towards the purchase of items listed on our website accessible at www.funkylampshades.com and sold on the website by Funky Lamp Shades.
22.3. Promotional coupons entitle you to a saving on new orders placed on the website. Details of the applicable discount or saving entitlement and price calculation will be shown with the description in the email or print material providing you with the promotional coupon.
22.4. A promotional coupon may only be used:
- for the number of uses specified in Funky Lamp Shades’s email, web or print material accompanying the promotional coupon; and
- in the period of time specified in Funky Lamp Shades’s email, web or print material accompanying the promotional coupon (“the Offer Period”). The expiry date of the Offer Period for each promotional coupon is clearly shown in/on Funky Lamp Shades’s email, web or print material accompanying the promotional coupon and, after the expiry date, promotional coupons are no longer valid.
23.5. Funky Lamp Shades reserves the right not to process orders where it determines that the promotional coupon used is invalid for the order being placed.
23.6. The placing of an order is subject to availability and Funky Lamp Shades reserves the right to amend, withdraw or terminate the validity of any promotional coupon at any time.
23.7. Promotional coupons may not to be used in conjunction with any other offer or promotion.
23.8. Promotional coupons may not be exchanged for cash, credit or gift certificates.
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact Funky Lamp Shades by filling in our Contact form or by writing to us at:
Funky Lamp Shades
18 Woodbank Avenue,
Buckinghamshire SL9 7PY
Last updated: 28 September 2015